Daily Archives: June 9, 2026

Evidence, Standard of review, Sufficiency of and substantial evidence

Case 000059

Posted on by Gary McCurdy

Error and/or relief

We find there is insufficient evidence to support one of the convictions for sexual penetration. We find no other errors. Thus, we reverse in part, affirm in part, and remand for resentencing.

First Holding:

When considering a challenge to the sufficiency of the evidence we review the entire record in the light most favorable to the judgment to determine whether it contains substantial evidence—that is, evidence that is reasonable, credible, and of solid value—from which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.

Authority:

People v. Lindberg (2008) 45 Cal.4th 1, 27

Second Holding:

In deciding the sufficiency of the evidence, a reviewing court resolves neither credibility issues nor evidentiary conflicts. Resolution of conflicts and inconsistencies in the testimony is the exclusive province of the trier of fact.

Authority:

People v. Young (2005) 34 Cal.4th 1149, 1181

Third Holding:

The reviewing court presumes in support of the judgment the existence of every fact the jury could reasonably deduce from the evidence.

Authority:

People v. Bloom (1989) 48 Cal.3d 1194, 1208

Fourth Holding:

Evidence of a defendant’s state of mind is almost inevitably circumstantial, but circumstantial evidence is as sufficient as direct evidence to support a conviction.

Authority:

People v. Bloom (1989) 48 Cal.3d 1194, 1208

Sentencing

Case 000058

Posted on by Gary McCurdy

Error and/or relief

The fines and fees not mentioned in the trial court’s oral imposition of sentence are improper and must be stricken.

First Holding:

Where there is a discrepancy between the oral pronouncement of judgment and the minute order or the abstract of judgment, the oral pronouncement controls.

Authority:

People v. Zackery (2007) 147 Cal.App.4th 380, 385

[Cf.] People v. Cleveland (2004) 32 Cal.4th 704, 768

Second Holding:

When a trial court does not orally impose discretionary restitution and parole revocation fines under sections 1202.4 and 1202.45 and the prosecution does not object, as here, the prosecution forfeits any objection on appeal and the fines or fees must be stricken.

Authority:

People v. Tillman (2000) 22 Cal.4th 300, 302–303

Third Holding:

When a defendant has been convicted of certain listed offenses, including any crime that requires sex offender registration pursuant to section 290(c) at the time of sentencing the trial court shall consider issuing an order restraining the defendant from any contact with a victim of the crime. It was error to include Jane Doe in the protective order because she was not a victim of the crime, and even as a witness there was no indication that the defendant had made threats toward her within the meaning of section 136.2(i)(2).

Authority:

PEN 136.2(i)(1)

PEN 136.2(i)(2)

People v. Walts (2025) 112 Cal.App.5th 127, 143 [The amendment to section 136.2(i)(1) reflects that the Legislature intended that protective orders should only be available for any person who is a victim of any one of the specifically enumerated crimes under section 136.2(i)(1) for which the defendant has been convicted]

Fourth Holding:

The defendant should have objected to the protective order in trial court, thus forfeiting the issue, but we will nonetheless consider his argument to the extent that it raises a question of law.

Authority:

People v. Walts (2025) 112 Cal.App.5th 127, 140

Fifth Holding:

We review the trial court’s result, not its rationale.

Authority:

People v. Zapien (1993) 4 Cal.4th 929, 976

Amelioration, Sentencing

Case 000057

Posted on by Gary McCurdy

Error and/or relief

Rhodius resolved a split of authority among the Courts of Appeal regarding resentencing eligibility when a defendant’s sentence for a prior prison enhancement was stayed and never executed. Rhodius held that defendants whose enhanced prison prior term or terms were stayed at sentencing are eligible for resentencing under section 1172.75. Pursuant to Rhodius, the court therefore reversed the trial court’s order denying defendant a resentencing hearing, and remanded for the trial court to hold that hearing.

Holding:

Defendants whose enhanced prison prior term or terms were stayed at sentencing are eligible for resentencing under section 1172.75.

Authority:

PEN 1172.75

People v. Rhodius (2025) 17 Cal.5th 1050

 

Amelioration, Duty of the court, Retroactivity, Sentencing

Case 000056

Posted on by Gary McCurdy

Error and/or relief

The defendant appeals an order partially denying his request for resentencing pursuant to Penal Code section 1172.75. We reverse the order because the defendant was entitled to have the court consider his eligibility for relief under Assembly Bill No. 333.

First Holding:

Section 1172.75 requires a full resentencing, not merely that the trial court strike the newly invalid enhancements for prior prison terms.

Authority:

People v. Saldana (2023) 97 Cal.App.5th 1270, 1276

People v. Lopez (2025) 17 Cal.5th 388

Second Holding:

Assembly Bill 333 (revising the elements that must be proven to support gang crimes and enhancement allegations) applies to cases where a defendant is resentenced pursuant to section 1172.75, even where there was a negotiated plea agreement.

Authority:

People v. Lopez (2025) 17 Cal.5th 388, 400

Third Holding:

Assembly Bill 333 took effect on January 1, 2022 and is considered ameliorative legislation.

Authority:

People v. Lopez (2025) 17 Cal.5th 388, 397

People v. E.H. (2022) 75 Cal.App.5th 467, 477

Fourth Holding:

The trial court should have considered the applicability of Assembly Bill 333 in the context of the defendant’s resentencing under section 1172.75, whether or not his counsel brought the issue to the attention of the court. By its express language, section 1172.75 itself puts the onus on the trial court to apply any other changes in law that reduce sentences. Assembly Bill 333 is such a law and should have been addressed by the trial court.

Authority:

PEN 1172.75(d)(2

Fifth Holding:

In the criminal law context, when ameliorative legislation goes into effect, we generally presume the Legislature intends the benefits of the new enactment to apply as broadly as constitutionally permissible to all non-final cases.

Authority:

In re Estrada (1965) 63 Cal.2d 740, 745

Sixth Holding:

For purposes of Estrada, the test for finality is whether the criminal prosecution or proceeding as a whole is complete.

Authority:

People v. Esquivel (2021) 11 Cal.5th 671, 679 [The meaning of finality in the Estrada context is distinct from the issue of whether a judgment is final for purposes of appealability]

Fines and fees, Sentencing

Case 000055

Posted on by Gary McCurdy

Error and/or relief

There can be no parole restitution fine on sentences of life without the possibility of parole. We will strike the fine and direct the trial court to issue a new abstract of judgment.

Holding:

Because defendant was sentenced to prison for life without the possibility of parole, her parole revocation fine should be stricken.

Authority:

PEN 1202.45(a)

People v. Coleman (2024) 98 Cal.App.5th 709, 725