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Criminal

Supreme Court
Uncategorized

People v. Mitchell — California Supreme Court Holds Defendants Who Agreed to Upper Term Sentences via Plea Bargain May Seek Retroactive Benefit of SB 567

The California Supreme Court unanimously held that defendants who accepted upper term sentences as part of a plea bargain may seek retroactive benefit of SB 567’s amendments to Penal Code section 1170(b), but the remedy is a remand for the defendant to waive, renegotiate, or withdraw the plea—not an

3rd District Court of Appeal
Uncategorized

Nuanmanee v. Superior Court — Court of Appeal Holds Defendant Was Not ‘Brought to Trial’ When Court Policy Prevented Jury Empanelment on Last Statutory Day

The Third District Court of Appeal granted a writ of mandate ordering dismissal of a misdemeanor DUI case after the trial court’s policy of not empaneling juries on Mondays prevented the defendant from being brought to trial on the last statutory day under Penal Code section 1382.

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