Criminal Cases
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Criminal

5th District Court of Appeal
Uncategorized

People v. Gonzalez — Trial Court Properly Used Aggravating Factors Tied to Prior Convictions for Upper-Term Sentence; Strike Vacated After Fletcher

Fifth District holds (on transfer from the California Supreme Court) that trial courts may impose upper-term sentences based on California Rules of Court rule 4.421(b) factors derived from prior convictions, but vacates the prior-strike finding under People v. Fletcher.

4th District Court of Appeal, Division One
Uncategorized

In re Christian V. — Amended Juvenile Restitution Statute Did Not Apply Retroactively Where Minor’s Case Became Final Before the Effective Date

Fourth District affirms a juvenile court’s joint-and-several restitution order, holding the January 2025 amendment to Welfare and Institutions Code section 730.6 — which replaced joint-and-several liability with several liability based on percentage of fault — does not apply retroactively to a

2nd District Court of Appeal, Division One
Uncategorized

In re Lynex — Racial Justice Act Petitioner Entitled to Counsel on a ‘Plausible Allegation’ Standard, Not a Prima Facie Showing

Second District grants writ of mandate, holding that an indigent petitioner under California’s Racial Justice Act must show only a ‘plausible allegation’ of a violation to obtain counsel — not a prima facie showing of entitlement to relief — and may amend his petition to meet that

4th District Court of Appeal, Division Two
Uncategorized

People v. T.B. — ‘Less Onerous Alternatives’ to Court-Ordered ECT Means Medical Alternatives, Not Surrogate-Consent Procedures

Fourth District affirms a trial court order authorizing electroconvulsive therapy for an incarcerated patient with treatment-resistant schizoaffective disorder, holding that ‘no less onerous alternatives’ under Penal Code section 2679(b) refers to medical alternatives, not surrogate-cons

4th District Court of Appeal, Division Two
Uncategorized

Flareau v. Superior Court — Trial Court Abused ‘Residual’ Discretion to Deny Mental-Health Diversion Without Proper Analysis

Fourth District grants writ relief, holding that a Riverside County trial court abused its ‘residual’ discretion under Penal Code section 1001.36 by denying mental-health diversion without proper analysis of the statute’s eligibility and suitability criteria.

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