Unpublished opinion on electronic search probation condition

In an unpublished opinion filed yesterday (Salcido, E067578), the Fourth District held that trial counsel was ineffective for failing to object to an electronic search probation condition. People. Object. Object to all kinds of probation conditions. Object to regular search clauses that are unrelated to the crime. Object to the vagueness and overbreadth of theContinue reading “Unpublished opinion on electronic search probation condition”

Breaking: California Supreme Court holds police cannot search a car solely to find identification!

The California Supreme Court today in People v. Lopez (will update soon with WL cite) overturned existing authority and held that “the desire to obtain a driver’s identification following a traffic stop does not constitute an independent, categorical exception to the Fourth Amendment’s warrant requirement.” AMAZING.

Prejudicial error from defendant’s absence at sentencing.

It is not controversial that a defendant has a federal constitutional right to be present at a sentencing hearing. The Second District just held in People v Cutting 2019 WL 6163797, though, the the more stringent Chapman standard of prejudice applies when a defendant is unjustifiably absent from sentencing. They went on to hold thatContinue reading “Prejudicial error from defendant’s absence at sentencing.”

First SB 136 case–TLDR: it applies retroactively

SB 136 abolished the one-year prison prior enhancement codified at Penal Code section 667.5. The Fifth District Court of Appeal held yesterday, in People v. Lopez (WL cite not yet available), that SB 136 applies retroactively to any case not yet final on appeal. A case is final 90 days after the California Supreme CourtContinue reading “First SB 136 case–TLDR: it applies retroactively”

New primary caregiver diversion law SB 394

Newsom signed SB 394 into law and it is amazing. It allows for diversion for misdemeanors AND/OR non serious/nonviolent felonies if your client is a primary caregiver of a child. There is a strong argument that this law should apply to people already convicted/who have already pled. The law is similar, but not identical, toContinue reading “New primary caregiver diversion law SB 394”