Justia California Court of Appeals Opinion Summaries

Nicholas Beaudreaux, serving a 50-year-to-life sentence for the first-degree murder and attempted robbery of Wayne Drummond, twice petitioned unsuccessfully for resentencing under Penal Code section 1172.6. In the resentencing proceedings on his second petition, the trial court ruled that the order denying relief on his first petition, an order affirmed in 2020, foreclosed relief. Beaudreaux appealed again, relying on the Supreme Court’s decision in People v. Lewis and Senate Bill No. 775, which clarified the procedural law governing section 1172.6 resentencing proceedings.Previously, Beaudreaux and a co-defendant, Brandon Crowder, were charged with the same two counts: murdering Drummond and attempting to rob Drummond. However, only Beaudreaux was charged with personally and intentionally discharging a firearm, causing great bodily injury and death to Drummond. A jury trial followed, and Crowder changed his plea from not guilty to no contest to the lesser included offense of voluntary manslaughter. The jury found Beaudreaux guilty of first-degree murder and attempted robbery of Drummond, and found the sentencing enhancement allegations against him to be true.In the Court of Appeal of the State of California First Appellate District, the court agreed with Beaudreaux that the trial court erred at the prima facie stage of these resentencing proceedings by once again failing to appoint counsel, and by relying on substantive facts summarized in this court’s 2011 opinion affirming his conviction. However, the court concluded that these errors were harmless. The dispositive question was whether, based on the record of conviction, Beaudreaux was convicted as Drummond’s actual killer. The court concluded that the record was sufficient to refute conclusively Beaudreaux’s attempt to allege entitlement to section 1172.6 relief. Therefore, the court affirmed the trial court's decision. View "P. v. Beaudreaux" on Justia Law

In 2016, Shawn Vincent Gray was found not guilty by reason of insanity (NGI) for one count of stalking and two counts of making criminal threats. He also admitted to a prior strike allegation and six one-year prior prison commitment allegations. As part of his plea agreement, Gray acknowledged that an NGI verdict would mean that he would be committed to the Department of Mental Health for a maximum term of 19 years and four months. In 2023, Gray filed a petition to recall his maximum commitment time and strike the legally invalid enhancement, citing Senate Bill No. 483 (SB 483) and Penal Code section 1172.75. The Kern County Superior Court granted the petition, recalculating Gray's maximum commitment term to 13 years and four months.The People appealed the superior court's decision, arguing that the court erred by recalculating Gray's maximum term of commitment. They claimed that the legislative changes that eliminated most section 667.5(b) sentencing enhancements did not retroactively apply to Gray's 2016 maximum term of commitment and that because Gray continued to be a threat to public safety, any reduced commitment recalculation was erroneous.The Court of Appeal of the State of California Fifth Appellate District found that the superior court lacked jurisdiction to entertain and consider Gray's petition in the first instance and its subsequent orders were void. The court concluded that the People's appeal was statutorily authorized and that it had appellate jurisdiction. However, it also found that the superior court lacked jurisdiction to entertain and consider Gray's petition in the first instance and its subsequent orders were void. The court reversed and vacated the superior court's orders recalling the 2016 judgment and recalculating Gray's maximum term of commitment. The court ordered the superior court to instead enter a new and different order denying Gray's petition in its entirety. View "P. v. Gray" on Justia Law

The case revolves around Israel Marcial Uriostegui, who was convicted of first-degree residential burglary by a jury. Uriostegui appealed the judgment, arguing that the trial court erred in denying his objection under section 231.7 of the Code of Civil Procedure. This section aims to prevent the improper removal of jurors based on their actual or perceived race, ethnicity, gender, or membership in another protected group. Uriostegui's objection was based on the prosecutor's peremptory challenge against a prospective juror, T.N., who appeared to be Hispanic.Previously, the trial court had asked T.N. for basic information during voir dire. T.N. disclosed her employment at Taco Bell, her current unemployment due to an injury, and her lack of prior jury service. She also revealed that two of her family members had been convicted of a crime, but she was not close to them. When the prosecutor exercised a peremptory challenge against T.N., Uriostegui's counsel objected, arguing that the basis for excusing T.N. was presumptively invalid under section 231.7. The prosecutor justified the challenge by citing T.N.'s "lack of life experience," her unemployment, and her demeanor. The trial court denied Uriostegui's objection, finding no substantial likelihood that T.N.'s perceived membership in a protected class was a factor in the peremptory challenge.In the Court of Appeal of the State of California Second Appellate District, Uriostegui contended that the trial court erred in denying his objection under section 231.7. The court agreed with Uriostegui, stating that the prosecutor's reasons for excusing T.N. were presumptively invalid under section 231.7. The court found that the prosecutor's reasons and the trial court's findings did not overcome the presumption of invalidity. The court concluded that the trial court erred in denying Uriostegui's objection under section 231.7. As a result, the judgment was reversed, and the case was remanded for a new trial. View "People v. Uriostegui" on Justia Law

The case involves Jameal M. Mosley, who was charged with unauthorized possession and transportation of a machine gun, being a felon in possession of a firearm for the benefit of a street gang, and being a felon in possession of ammunition. These charges stemmed from warrantless searches of Mosley's car and person, which yielded a loaded magazine and a Glock handgun with an automatic switch. Mosley filed a motion to suppress the magazine and handgun, arguing that the searches were unsupported by probable cause or reasonable suspicion.The trial court held a suppression hearing. The Sacramento County Sheriff’s Department had received a call about a group of men creating a music video in a parking lot, with one of them holding a handgun. The officers arrived at the scene and detained all members of the group, including Mosley. They found a firearm on one of the men, D.M., and another firearm in D.M.'s car. Mosley was detained for approximately 41 minutes before his car was searched, revealing a loaded magazine. A subsequent search of Mosley's person revealed a Glock handgun with a switch. The trial court denied Mosley's motion to suppress, finding that the officers had probable cause to search Mosley's car and that the detention was not prolonged.Mosley filed a petition for writ of mandate with the Court of Appeal of the State of California, Third Appellate District. The appellate court agreed with Mosley's argument that the trial court erred in finding the warrantless searches were supported by probable cause and reasonable suspicion. The court concluded that the officers lacked probable cause to search Mosley's car and that the detention was unlawfully prolonged. The court granted Mosley's petition, directing the trial court to vacate its order denying Mosley's motion to suppress and enter a new order granting the motion. View "Mosley v. Superior Court" on Justia Law

The case involves Francisco Carrillo, a lawful permanent resident of the United States, who was convicted of assault with a firearm in 2002 and sentenced to 301 days in jail. In 2007, Carrillo admitted to a probation violation and was sentenced to an additional 90 days in jail. The combined jail time exceeded one year, making his conviction an aggravated felony under immigration law and subjecting him to mandatory deportation.In 2022, Carrillo filed a motion to vacate his conviction under Penal Code section 1473.7, arguing that he did not meaningfully understand the potential immigration consequences of his conviction and sentence. The trial court denied the motion, finding that Carrillo had not demonstrated that his lack of understanding prejudiced his decision to go to trial or his defense strategy.On appeal, the Court of Appeal of the State of California, Fifth Appellate District, affirmed the trial court's decision. The appellate court found that Carrillo had not shown a reasonable probability that he would have done something differently, such as pursuing an immigration-safe plea or presenting different arguments at sentencing, had he understood the immigration consequences. However, the court modified the trial court's order to allow Carrillo to file a new motion addressing grounds not raised in his original motion. View "People v. Carrillo" on Justia Law

The defendant, Rafael B.D.R., was convicted and sentenced to six years in prison for committing a lewd act upon a child under the age of 14 and sending or exhibiting harmful matter to a minor. The victim was his 11-year-old niece, Jane Doe. The defendant appealed his conviction, arguing that the trial court erred by denying his motion for a new trial based on newly discovered evidence that Jane's mother, Janeth, and the defendant's ex-wife, Elizabeth, had conspired to have Jane falsely accuse him of abuse.The trial court had excluded testimony from two defense witnesses who would have testified that Janeth had asked them to lie about the defendant. The court found no clear nexus between these conversations and Jane's credibility. The prosecution's case relied heavily on the testimony of Jane and her older sister, Melissa. The jury found the defendant guilty of both charges.Before sentencing, the defendant filed a motion for a new trial based on newly discovered evidence. Elizabeth had sent an unsolicited email to the defense counsel, disclosing that she and Janeth had devised a plan to falsely accuse the defendant of abuse to get him deported. The trial court denied the motion, finding that the new evidence was not credible and would not likely lead to a different outcome at trial.The Court of Appeal of the State of California First Appellate District vacated the judgment and remanded the case for further proceedings. The appellate court found that the trial court had abused its discretion in denying the new trial motion without first holding an evidentiary hearing to assess the new evidence. The court concluded that Elizabeth's declaration did constitute new evidence and that the trial court had failed to properly evaluate its credibility and force. View "People v. Rafael B.D.R." on Justia Law

The case revolves around Hildo Ocampo Estrada, who was convicted of attempted murder and voluntary manslaughter. The charges stemmed from an incident where Estrada and others were involved in a fight with another group, which resulted in the death of Martin Corio and the severe injury of Carlos Zuniga Flores. Estrada was charged with murder and attempted murder, but he pleaded no contest to voluntary manslaughter and attempted murder, admitting to the use of a deadly weapon and causing great bodily injury. He was sentenced to an aggregate determinate term of 15 years and 4 months.Estrada later filed a petition for resentencing under Penal Code section 1172.61, arguing that the record of conviction did not establish that he was ineligible for relief as a matter of law. The prosecution opposed the petition, asserting that Estrada was ineligible for relief because he was the actual killer. The Superior Court of Los Angeles County denied his petition at the prima facie stage, concluding that Estrada was the actual killer. Estrada appealed this decision.The Court of Appeal of the State of California Second Appellate District Division Eight reviewed the case. The court found that the record of conviction did not conclusively establish that Estrada was the actual killer or that he acted with intent to kill or actual malice. The court concluded that the lower court erred in denying Estrada's petition at the prima facie stage without conducting an evidentiary hearing. The court reversed the lower court's decision and remanded the case for further proceedings, instructing the lower court to issue an order to show cause under section 1172.6, subdivision (c), and to hold an evidentiary hearing under section 1172.6, subdivision (d)(1). View "People v. Estrada" on Justia Law

Tyshawn Michael Lewis, a prisoner diagnosed with rapidly progressing amyotrophic lateral sclerosis (ALS), appealed the denial of a petition for his compassionate release under Penal Code section 1172.2. Lewis was serving a 75-year sentence for first-degree murder committed in 2020. In 2023, the Department of Corrections and Rehabilitation recommended his release due to his deteriorating health condition. The trial court denied the petition, concluding that despite his physical condition, Lewis posed an unreasonable risk of danger to public safety, based on his criminal history, the nature of his crime, and his alleged gang affiliations.The trial court's decision was based on a diagnostic study and evaluation report that suggested Lewis retained the capacity to commit or influence others to commit criminal acts endangering public safety. The court also considered Lewis's criminal history, including his conviction for first-degree murder, his lack of remorse, and his alleged ongoing association with a violent criminal street gang.The Court of Appeal of the State of California Fourth Appellate District Division Two reviewed the case. The court found that the trial court had abused its discretion in denying Lewis's petition for compassionate release. The court concluded that the evidence did not support the trial court's finding that Lewis posed an unreasonable risk of committing a violent felony. The court noted that Lewis's mere capacity to commit a crime did not prove that he posed an unreasonable risk of doing so. The court also found that the evidence of Lewis's gang involvement was ambiguous and did not support the trial court's finding. The court reversed the trial court's order and directed it to grant the petition for compassionate release. View "People v. Lewis" on Justia Law

The case revolves around the defendant, Adam Daniel Barooshian, who was convicted of murder under a Watson murder theory in his second trial. The Watson murder theory refers to a situation where a person who kills another while driving under the influence of alcohol may be charged with second-degree murder if the circumstances support a finding of implied malice. In Barooshian’s first trial, the jury did not reach a verdict on a murder charge but convicted him of gross vehicular manslaughter while intoxicated among other offenses.Barooshian argued that his second trial violated double jeopardy principles because gross vehicular manslaughter while intoxicated should be considered a necessarily included (or lesser included) offense of a Watson murder. However, the court noted that under California law, a lesser offense is necessarily included in a greater offense if either the statutory elements of the greater offense or the facts actually alleged in the accusatory pleading include all the elements of the lesser offense.The Court of Appeal, Fourth Appellate District Division One State of California, affirmed the judgment of the Superior Court of San Diego County. The court held that gross vehicular manslaughter while intoxicated is not a lesser included offense of murder. The court also rejected Barooshian's argument that his second trial violated double jeopardy principles. The court concluded that Barooshian had not persuaded them to create a new test to apply to his second trial. View "People v. Barooshian" on Justia Law

The case involves Manuel Dejesus Flores, who was convicted of four counts of lewd and lascivious acts committed against two victims under 14 years old. The victims, sisters B.C. and Y.G., lived with Flores in their family apartment between 2006 and 2008. Both victims testified that Flores had touched them inappropriately multiple times. B.C. disclosed the abuse to her friends in 2016, which was reported to Child Protective Services. The trial court admitted B.C.'s disclosure statements under the "fresh complaint" doctrine, despite the significant delay in reporting the abuse.The trial court also admitted expert testimony on Child Sexual Abuse Accommodation Syndrome (CSAAS), which explains common behaviors and reactions of child victims of sexual abuse. Flores was sentenced to a total of 50 years to life in prison and denied any conduct credits. Flores appealed the decision, arguing that the trial court erred in admitting B.C.'s disclosure statements and the CSAAS expert testimony.The Court of Appeal, Fourth Appellate District Division One State of California, affirmed the trial court's decision in part, reversed in part, and remanded with directions. The court found no error in the trial court's admission of victim disclosure evidence and CSAAS expert testimony. However, it agreed with Flores that he was entitled to presentence conduct credits, and remanded the matter for the trial court to calculate and award these credits. View "People v. Flores" on Justia Law