Daily Archives: August 18, 2026

Case 000458

Error and/or relief

The evidence showed the defendant possessed the firearm on each of the dates alleged in the information, but there was no evidence his possession of the firearm was anything but continuous over this period of time. One of the two counts must be stayed.

First Holding:

Section 654 precludes multiple punishments for a single act or indivisible course of conduct. Whether a course of criminal conduct is divisible and therefore gives rise to more than one act within the meaning of section 654 depends on the intent and objective of the actor. If all of the offenses were incident to one objective, the defendant may be punished for any one of such offenses but not for more than one. Intent and objective are factual questions for the trial court, which must find evidence to support the existence of a separate intent and objective for each sentenced offense.

Authority:

People v. Hester (2000) 22 Cal. 4th 290, 294

People v. Jackson (2016) 1 Cal.5th 269, 354

Second Holding:

A trial court’s express or implied determination that two crimes were separate, involving separate objectives, must be upheld on appeal if supported by substantial evidence. The trial court has broad latitude in determining whether section 654(a) applies in a given case. Under this standard, this court must view the evidence in the light most favorable to the trial court’s finding and presume the existence of every fact the court could reasonably deduce from the record.

Authority:

People v. Brents (2012) 53 Cal.4th 599, 618

People v. Vasquez (2020) 44 Cal.App.5th 732, 737

People v. DeVaughn (2014) 227 Cal.App.4th 1092, 1113

Third Holding:

Though the trial court did not provide specific reasoning for its decision not to stay the sentence for felon in possession of a firearm, we review the record to determine whether there exists substantial evidence in support of the court’s finding of multiple criminal intents.

Authority:

People v. Hutchins (2001) 90 Cal.App.4th 1308, 1312–1313

Fourth Holding:

We conclude the sentence for one of the counts for being a felon in possession of a firearm should be stayed pursuant to section 654. That is, we find no substantial evidence to support a conclusion defendant harbored multiple criminal intents in possessing the firearm on the two charged dates. To the contrary, the evidence only supported a conclusion that the gun possessed on July 11 was the same gun used in the charged shooting on July 7. However, there was no evidence defendant’s firearm possession was anything but continuous and pursuant to a single criminal objective. The prosecution did not present evidence, for example, showing defendant relinquished possession of the gun for a period between the specified dates.

Authority:

People v. Spirlin (2000) 81 Cal.App.4th 119, 129–131 [Where no evidence was presented that the defendant did not maintain constructive possession of the gun the entire time, it could be inferred he had continuous constructive possession of the gun with a singular intent to possess the weapon as a felon, and thus was a single act with a single objective]

People v. Mason (2014) 232 Cal.App.4th 355, 366

Fifth Holding:

One of the sentences on the two counts should be stayed pursuant to section 654. Remand is necessary for the trial court to exercise its discretion in modifying defendant’s sentence.

Authority:

People v. Buycks (2018) 5 Cal.5th 857, 893 [a full resentencing as to all counts is appropriate, so the trial court can exercise its sentencing discretion in light of the changed circumstances]

Case 000457

Error and/or relief

The conviction for making a criminal threat must be reversed because the charge is barred by the statute of limitations.

First Holding:

The defendant did not raise the statute of limitations issue below. However, where the charging document indicates on its face that the action is time-barred, a person convicted of a charged offense may raise the statute of limitations at any time.

Authority:

People v. Sedillo (2015) 235 Cal.App.4th 1037, 1050–1051

Second Holding:

The applicable statute of limitations is three years. In both the complaint and information, the defendant was charged with making a criminal threat between March 31, 1999, and March 30, 2004. However, the prosecution commenced, at the earliest, on December 2, 2022, when the arrest warrant was issued. There are no facts alleged in the accusatory pleading showing that the prosecution is not barred by the statute of limitations. Therefore, as the statute of limitations ran in 2007 but the prosecution was not commenced until 2022, the criminal threat charge was time-barred and the defendant’s conviction must be reversed.

Authority:

PEN 17

PEN 422

PEN 801

PEN 804

People v. Meza (2019) 38 Cal.App.5th 821, 825 [The statute of limitations completely bars prosecution.]

People v. Sedillo (2015) 235 Cal.App.4th 1037, 1048 [An accusatory pleading must allege facts showing that the prosecution is not barred by the statute of limitations]

Case 000456

Error and/or relief

After ten years, the unpaid balance of any restitution fines are no longer collectible and the restitution order must be vacated.

First Holding:

Section 1202.4(b) mandates that in every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record. Section 1465.9 was amended effective January 1, 2025, to add subdivision (d) which requires that, on the expiration of 10 years after the date of imposition of a restitution fine pursuant to section 1202.4, the balance, including any collection fees, shall be unenforceable and uncollectible and any portion of a judgment imposing those fines shall be vacated.

Authority:

PEN 1202.4(b)

PEN 1465.9

Second Holding:

The trial court’s reimposition of the fine at resentencing in 2025 did not restart the 10-year clock.

Authority:

People v. Salstrom (2025) 117 Cal.App.5th 596, 600–601, review granted Mar. 11, 2026, S295038 on a different issue

Case 000455

Error and/or relief

The motion to suppress evidence under should have been granted. The juvenile court’s denial of the minor’s motion to suppress is reversed. His admission to the offense is vacated. The juvenile court is directed to enter an order granting the minor’s motion to suppress the evidence found inside the vehicle, and we remand the matter for further proceedings.

[GARY NOTE: This was a very fact-intensive ruling on who knew what what and why. Essentially, an officer followed the minor’s vehicle after noticing the registration tag had expired. Through a series of events, the minor left his vehicle legally parked on the street, walked a few blocks away, was found by the officer, was asked questions that he answered truthfully, and in response to a request for the detaining officer, other officers searched the locked car that was a few blocks away (ostensibly to look for registration and identification–after identification had been already been confirmed), revealing contraband.]

First Holding:

In ruling upon a motion to suppress, the trial court judges the credibility of the witnesses, resolves any conflicts in the testimony, weighs the evidence, and draws factual inferences. The appellate court will uphold the court’s express and/or implied findings on such matters if they are supported by substantial evidence, but it independently review the application of the relevant law to the facts.

Authority:

People v. Williams (2006) 145 Cal.App.4th 756, 761

Second Holding:

Warrantless searches are per se unreasonable under the Fourth Amendment—subject only to a few specifically established and well-delineated exceptions. Under the automobile exception to the warrant requirement, an officer may search a vehicle if the officer has probable cause to believe that evidence of a crime will be found inside. Probable cause means that, under the known facts and circumstances, a reasonable person would believe that evidence of a crime will be found inside the vehicle.

Authority:

People v. Lopez (2019) 8 Cal.5th 353, 359, 372

Ornelas v. U.S. (1996) 517 U.S. 690, 696

Third Holding:

The accepted practice of modern law enforcement is that an officer often conducts searches at the direction of another law enforcement officer even though the searching officer himself lacks actual, personal knowledge of the facts supporting probable cause. When that occurs, the collective knowledge doctrine applies and the knowledge of one is presumed shared by all. The rule exists because, in light of the complexity of modern police work, the searching officer cannot always be aware of every aspect of an investigation; sometimes his authority to search is based on facts known only to his superior or associates. The focus is on knowledge of the person who was the source of the information the searching officers relied on.

Authority:

U.S. v. Jensen (2005 9th Cir.) 425 F.3d 698, 704

Fourth Holding:

Once the officer confirmed the identity of the minor, there was no cause to believe the minor was lying and therefore no probably cause to search. Because officers should not have been inside the vehicle to see the firearm magazine, they could not rely on the magazine to supply probable cause for continuing to search the vehicle.

Authority:

United States v. Ngumezi (2020 9th Cir.) 980 F.3d 1285, 1290 [Because the opening of the car door and leaning into the car constituted an unlawful search, we must consider what remedy is appropriate. The exclusionary rule generally applied in Fourth Amendment cases requires courts to suppress any evidence obtained as a direct result of an illegal search or seizure, as well as evidence later discovered and found to be derivative of an illegality, the so-called fruit of the poisonous tree]

Fifth Holding:

Unquestionably, when a person is lawfully arrested, the police have the right, without a search warrant, to make a contemporaneous search of the person of the accused for weapons or for the fruits of or implements used to commit the crime. This right to search and seize without a search warrant extends to things under the accused’s immediate control, and, to an extent depending on the circumstances of the case, to the place where he is arrested. The rule allowing contemporaneous searches is justified, for example, by the need to seize weapons and other things that might be used to assault an officer or effect an escape, as well as by the need to prevent the destruction of evidence of the crime—things which might easily happen where the weapon or evidence is on the accused’s person or under his immediate control.

But these justifications are absent where a search is remote in time or place from the arrest. Once an accused is under arrest and in custody, then a search made at another place, without a warrant, is simply not incident to the arrest. When the officer searched the vehicle, the minor was over a block away from the vehicle, in handcuffs. Additionally, the minor had locked the vehicle, and one officer had taken the key away from the minor. Given the foregoing facts, the vehicle was not under the minor’s control at the time of his arrest. Therefore, there was no basis to search the vehicle incident to minor’s arrest.

Authority:

Preston v. U.S. (1964) 376 U.S. 364, 367

Sixth Holding:

When examining the propriety of an inventory search, we focus on the purpose of the impound rather than the purpose of the inventory. An inventory search conducted pursuant to an unreasonable impound is itself unreasonable. Under the community caretaking exception to the warrant requirement, police officers may impound vehicles that jeopardize public safety and the efficient movement of vehicular traffic. Once a vehicle has been legally impounded, the police may conduct an inventory search, as long as it conforms to the standard procedures of the local police department. However, an inventory search must not be a ruse for a general rummaging in order to discover incriminating evidence.

Authority:

People v. Torres (2010) 188 Cal.App.4th 775, 786-787

U.S. v. Cervantes (2012 9th Cir.) 703 F.3d 1135, 1141

Seventh Holding:

The reasonableness of the impoundment depended on whether the impoundment fits within the authority of police to seize and remove from the streets vehicles impeding traffic or threatening public safety and convenience. In other words, a valid caretaking purpose is required. The minor left the vehicle locked and parallel parked on a quiet residential street where other vehicles were parked. The vehicle was not blocking a driveway or impeding traffic. The People failed to introduce evidence as to why the vehicle could not remain parked on the street until retrieved by Mother.

A vehicle with a registration that has been expired for less than six months can remain parked on a public street. The People failed to introduce evidence of when the vehicle’s registration expired. Thus, the People did not demonstrate that the vehicle could be seized due to the registration being expired for more than six months. Given the evidence, there was no reason the police could not have locked the vehicle and left it parked on the street. There is no evidence of a community caretaking function to impounding the vehicle.

Authority:

VEH 22651(o)(1)(A)(i)

U.S. v. Cervantes (2012 9th Cir.) 703 F.3d 1135, 1141

Eighth Holding:

We are not examining whether the seizure of the vehicle was authorized by state law. Rather, we are examining whether the seizure was reasonable under the Fourth Amendment. The statutory authorization to impound a vehicle does not, in and of itself, determine the constitutional reasonableness of the seizure. It is evidence of a community caretaking need to impound the vehicle that causes the seizure of a vehicle to be reasonable under the Fourth Amendment, i.e., where the impound process is aimed at securing or protecting the car and its contents.

Thus, we are not persuaded by the People’s assertion that the seizure of the vehicle was constitutionally reasonable because it was authorized by the Vehicle Code.

Authority:

Miranda v. City of Cornelius (2005 9th Cir.) 429 F.3d 858, 864-865

South Dakota v. Opperman (1976) 428 U.S. 364, 373

People v. Shafrir (2010) 183 Cal.App.4th 1238, 1246

People v. Williams (2006) 145 Cal.App.4th 756, 762

People v. Lee (2019) 40 Cal.App.5th 853, 869

U.S. v. Cervantes (2012 9th Cir.) 703 F.3d 1135, 1142

Case 000454

Error and/or relief

Though we find that a condition of probation that requires the defendant participate and complete any counseling, rehabilitation, or treatment program deemed appropriate by the probation officer was not an improper delegation of the court’s authority under the separation of powers doctrine, it was improper to impose as a condition of probation that the defendant participate at his own expense.

The challenged probation condition should be modified to delete the portion of the condition requiring defendant to be responsible for the payment of the costs/fees of any counseling or rehabilitation/treatment program. The court is directed to issue a separate order for the payment of such costs and fees. Before the court may order defendant to pay any or all costs associated with his probation, it must make an inquiry and determination as to his ability to pay and determine the amount of payment.

First Holding:

A trial court may order a defendant to pay for reasonable costs of probation; however, such costs are collateral and their payment cannot be made a condition of probation. Instead, the court must issue a separate order for the payment of such costs. Moreover, before ordering a defendant to pay costs of probation, the court must make an inquiry and determination of the defendant’s ability to pay and the amount of payment.

Authority:

PEN 1203.1b(a)

Brown v. Superior Court (2002) 101 Cal.App.4th 313, 321-322

Second Holding:

Though we find there was no improper delegation, the defendant’s claim that the condition of probation is an improper delegation of the court’s authority under the separation of powers doctrine has not been forfeited for lack of objection, because it raises a pure question of law.

Authority:

In re Sheena K. (2007) 40 Cal.4th 875, 888

People v. Mendez (2013) 221 Cal.App.4th 1167, 1172

Third Holding:

A trial court has broad discretion to impose probation conditions to foster rehabilitation of the defendant and to protect the public. Further, the court has authority to empower the probation department with authority to supervise the probation conditions. We review a constitutional challenge to a probation condition de novo.

Authority:

PEN 1203.1(j)

People v. Carbajal (1995) 10 Cal.4th 1114, 1120

People v. Kwizera (2000) 78 Cal.App.4th 1238, 1240

In re Shaun R. (2010) 188 Cal.App.4th 1129, 1143

Fourth Holding:

A trial court is governed by the separation of powers doctrine. The powers of state government are legislative, executive, and judicial. Persons charged with the exercise of one power may not exercise either of the others except as permitted by this Constitution. Although the separation of powers doctrine does not prohibit one branch from taking action that might affect another, the doctrine is violated when the actions of one branch defeat or materially impair the inherent functions of another. Separation of powers does not mean an entire or complete separation of powers or functions, which would be impracticable, if not impossible.

Authority:

Cal. Const., art. III, sec. 3

In re D.N. (2022) 14 Cal.5th 202, 212

Fifth Holding:

By leaving key determinations to be decided ad hoc, a vague probation condition may result in an impermissible delegation of authority to the probation officer. Under the separation of powers doctrine, judicial powers may not be delegated to nonjudicial officers. While the probation officer may properly specify the details necessary to effectuate the court’s probation conditions, it is the court’s duty to determine the nature of the requirements imposed on the probationer. The court may leave to the discretion of the probation officer the specification of the many details that invariably are necessary to implement the terms of probation. However, the court’s order cannot be entirely open-ended.

Authority:

People v. Smith (2022) 79 Cal.App.5th 897, 902

People v. O’Neil (2008) 165 Cal.App.4th 1351, 1358-1359

Sixth Holding:

A probation condition directing that a defendant participate in any treatment program when considering another condition requiring a defendant complete a drug and alcohol assessment and follow through with treatment as prescribed by the probation officer, passes constitutional muster. This is particularly true where the court’s oral comments reflect that the defendant needs treatment for a substance abuse problem. However, where the condition includes the possibility of participation in a residential treatment program, as directed by the probation officer, it is an improper delegation of judicial authority.

Authority:

People v. Smith (2022) 79 Cal.App.5th 897, 902-903

People v. Cruz (2011) 197 Cal.App.4th 1306, 1310 [Invalidating probation condition that gave the probation officer sole discretion to decide whether the defendant should be subject to GPS monitoring.]

People v. O’Neil (2008) 165 Cal.App.4th 1351, 1355, 1359 [Invalidating condition that provided, “You shall not associate socially, nor be present at any time, at any place, public or private, with any person, as designated by your probation officer.”]

People v. Kwizera (2000) 78 Cal.App.4th 1238,-1241 [Upholding probation condition that directed defendant to “follow such course of conduct as the probation officer may prescribe”]

People v. Penoli (1996) 46 Cal.App.4th 298, 307 [Upholding condition that probation officer may unilaterally select a residential drug rehabilitation program and determine whether defendant successfully completed that program.]

Seventh Holding:

A probation condition should be given the meaning that would appear to a reasonable, objective reader. Following that precept, we read the challenged provision here not as delegating adjudicatory powers to the probation officer but as indicating the court’s advance approval of an agreement that the probation officer might reach with defendant. If a probation officer does interpret the condition in an arbitrary manner, defendant may then file a petition for modification of his probation condition. Thus, the probation condition did not improperly delegate judicial authority to the probation officer.

Authority:

PEN 1203.2(b)(1)

PEN 1203.3

In re D.N. (2022) 14 Cal.5th 202, 211

People v. Olguin (2008) 45 Cal.4th 375, 382

People v. Keele (1986) 178 Cal.App.3d 701, 708 [trial court retains jurisdiction to review probation officer’s actions]

People v. Arevalo (2018) 19 Cal.App.5th 652, 658 [If probation officer interprets probation condition in an arbitrary way, the defendant can file a petition for modification of his probation condition.]