Does receipt of a stolen vehicle (Pen. Code, § 496d) fall within the scope of Proposition 47 even if the value of the vehicle is less than $950?
October 14th, 2018

In People v, Bussey (2018) 24 CA5th 1056 the defendant contended that his conviction for receipt of a stolen vehicle should be reduced to a misdemeanor under Proposition 47 because the provisions of Penal Code section 496 for misdemeanor sentencing apply as a matter of law to the more specific section 496d. The Court of […]


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California Law Violates USSC Precedents Including Hurst v. Florida (2016) _U.S._ 136 S. Ct. 616
October 7th, 2018

The United States Supreme Court has repeatedly held that the Fifth, Sixth, and Fourteenth Amendments require any fact other than a prior conviction be proven to a jury beyond a reasonable doubt if the existence of that fact serves to increase the statutory maximum penalty for the crime. Cunningham v. California, 549 U.S. 270, 281-82, […]


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Unconstitutional Vagueness Challenge to Aggravated Kidnapping Charge (PC 209) based on Johnson v. United State (2015) 135 S.Ct. 2551 [Johnson]
October 1st, 2018

This post discussed the applicability of Johnson to inherently dangerous second degree felony murder. The same analysis could be applied to aggravated kidnapping per PC 209 which defines the required movement in terms of “risk of harm to the victim.” The Authority section of CC 1203 also states “Movement Must Substantially Increase Risk of Harm to […]


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Review Granted To Consider Standard Of Prejudice For Instruction On Legally Incorrect Theory Of Prosecution
September 27th, 2018

People v. Aledamat [DEPUBLISHED] (2018) 20 Cal.App.5th 1149, 1153-1154 observed that the CSC’s cases articulating the standard of prejudice for instructional error are “arguably in tension.” (Comparing People v. Guiton (1993) 4 Cal.4th 1116, 1122, 1129 [conviction must be reversed “absent a basis in the record to find that the verdict was actually based on […]


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California’s “Inherently Dangerous” Felony Murder Rule May Be Unconstitutionally Vague Under Johnson v. United State (2015) 135 S.Ct. 2551 [Johnson]
September 24th, 2018

CALCRIM’s Discussion of Inherently Dangerous Second Degree Felony Murder   CC 541A includes a discussion of second degree felony murder based on the defendant’s commission of an “inherently dangerous felony.” This discussion concludes as follows [citations omitted]:   Whether a felony is inherently dangerous is a legal question for the court to determine. In making […]


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SUMMARY OF NEW AND REVISED CALCRIM INSTRUCTIONS EFFECTIVE MARCH 24, 2017
September 20th, 2018

Full Judicial Council Report:  http://www.courts.ca.gov/documents/rupro-20170224-materials.pdf   The Judicial Council, formally approved revisions to the following CALCRIM instructions to be effective March 24, 2017:   252, 361, 370, 522, 523, 729, 801, 830, 850, 902, 904, 937, 947, 960, 1082, 1124, 1125, 1126, 1202, 1301, 1350, 1351, 1352, 1354, 1355, 1502, 1600, 1650, 2130, 2131, 2500, […]




SUMMARY OF NEW AND REVISED CALCRIM INSTRUCTIONS EFFECTIVE AUGUST 21, 2015
September 20th, 2018

http://www.courts.ca.gov/documents/rupro-20150730-materials.pdf   The Judicial Council approved revisions to the following CALCRIM instructions effective August 21, 2015:   Proposition 47 Revisions were made to the following CALCRIM instructions affected by Proposition 47, which raised threshold amounts for felony prosecution of many theft crimes and reduced other theft crimes to misdemeanors: 1700, 1750, 1801, 1802, 1850, 1900, […]




SUMMARY OF NEW AND REVISED CALCRIM INSTRUCTIONS EFFECTIVE FEBRUARY 19, 2015
September 20th, 2018

The following CALCRIM instructions were addressed by the judicial council effective February 19, 2015:   Instruction Number Instruction Title New 2024 False Personation New 3412, 3413 Compassionate Use and Cooperative Collective/Marijuana 359 Corpus Delicti 402, 403, 3426 Natural and Probable Consequences Doctrine Series, Voluntary Intoxication: Effects on Homicide Cases 460, 1300 Attempt Other Than Attempted Murder, Criminal […]




SUMMARY OF NEW AND REVISED CALCRIM INSTRUCTIONS EFFECTIVE FEBRUARY 26, 2016
September 20th, 2018

Full Judicial Council Report: http://www.courts.ca.gov/documents/rupro-20160202-materials.pdf   The Judicial Council, formally approved revisions to the following CALCRIM instructions effective February 26, 2016:   207, 334, 335, 336, 361, 375, 548, 625, 703, 736, 840, 841, 935, 938, 985, 1300, 1400, 1401, 1863, 2300, 2302, 2352, 2542, and 3472.   Citation updates to CC 207, 334, 335, […]




SUMMARY OF NEW AND REVISED CALCRIM INSTRUCTIONS EFFECTIVE SEPTEMBER 15, 2017
September 20th, 2018

http://www.courts.ca.gov/documents/rupro-20170822-materials.pdf   The Judicial Council approved revisions to the following CALCRIM instructions effective September 15, 2017:   301, 358, 359, 520, 521, 627, 3450, 938, 965, 985, 1060, 1127, 1128, 1161, 2100, 2110, 2300, 2301, 2302, 2303, 2304, 2380, 2381, 2382, 2383, 2384, 2748, 2306, 3145, 3183, 3404, 3414, 3456, and 3457. The council also […]