Daily Archives: October 5, 2026

Amelioration, Duty of the court, Sentencing, Standard of review, Vicarious liability

Case 001069

Posted on by Gary McCurdy

Error and/or relief

The court erred by engaging in factfinding at the prima facie stage of the proceedings on the defendant motion to vacate his manslaughter conviction under section 1172.6.

First Holding:

Effective January 1, 2019, SB 1437 amended the felony murder rule and the natural and probable consequences doctrine, as it relates to murder, to ensure that murder liability is not imposed on a person who is not the actual killer, did not act with the intent to kill, or was not a major participant in the underlying felony who acted with reckless indifference to human life.

SB 1437 also created a procedural mechanism in section 1172.6 for those convicted under the former law to seek retroactive relief under the law as amended.

SB 775 (2021-2022 Reg. Sess.) later expanded the statute to apply to attempted murder under the natural and probable consequence doctrine and manslaughter.

Authority:

People v. Lewis (2021) 11 Cal.5th 952, 957, 959

Second Holding:

Section 1172.6(a) applies to those convicted of felony murder or murder under the natural and probable consequences doctrine or other theory under which malice is imputed to a person based solely on that person’s participation in a crime or a person convicted of attempted murder based on the natural and probable consequences doctrine. To be eligible for relief, the petitioner must make a prima facie showing that he could not presently be convicted of murder or attempted murder under changes to these theories of murder liability made effective on January 1, 2019, by SB 1437.

If the petitioner makes a prima facie showing, the trial court must issue an order to show cause and conduct an evidentiary hearing where the prosecution bears the burden of proving beyond a reasonable doubt that the defendant could still be convicted of murder under current law.

Authority:

PEN 1172.6

Third Holding:

At the prima facie stage, the court may deny a resentencing petition only if the petitioner is ineligible for relief as a matter of law. That is, the petition and the record of conviction must establish conclusively that the defendant is ineligible for relief. This is a pure question of law we review de novo.

Authority:

People v. Strong (2022) 13 Cal.5th 698, 708

People v. Lopez (2022) 78 Cal.App.5th 1, 14

Fourth Holding:

While the trial court may look to the record of conviction after appointing defense counsel, the prima facie inquiry is limited. The court takes the petitioner’s factual allegations as true and makes a preliminary assessment regarding whether the petitioner would be entitled to relief if those factual allegations were proved. If so, the court must issue an order to show cause.

At that early stage, the trial court should not reject the petitioner’s factual allegations on credibility grounds or engage in factfinding that involves the weighing of evidence or the exercise of discretion. But if the record contains facts refuting the allegations in the petition, then the court is justified in making a credibility determination adverse to the petitioner.

(Gary note: For the most part, the balance of the opinion discusses facts specific to this case to show that the preliminary examination, the defendant’s admission that he personally used a firearm, and that he admitted that manslaughter is a serious felony did not establish that the defendant was the actual killer. For the trial court to have reached a conclusion that the defendant was the actual killer, it would have had to engage in factfinding that is not permitted at the prima facie stage. The court should have issued an order to show cause and held and evidentiary hearing, which is what the appellate court remanded the matter for.)

Authority:

People v. Lewis (2021) 11 Cal.5th 952, 957, 971-972

People v. Jones (2005) 30 Cal. 4th 1084, 1120 [the finding of personal use does not in itself prove defendant was the actual killer]

Appellate Principles, Juveniles, Sufficiency of and substantial evidence

Case 001068

Posted on by Gary McCurdy

Error and/or relief:

The evidence was insufficient to support a finding that the minor was the driver of the vehicle.

(Gary note: This is typical of fact-driven results, where facts unique to a case in an unpublished opinion, but I think it’s valuable to note that the court viewed the available video footage itself to conclude that the minor was actually in the back seat of the vehicle at the time of the accident, and at the very least, the evidence was insufficient even under the deferential standards to support a finding beyond a reasonable doubt.

(In this case, getting the exhibits to the appellate court for viewing clinched the win for the minor. Without that, the appellate court would have had to rely on the law enforcement testimony, and it likely would have found that, from its role as an appellate court (i.e., not a determiner of the facts, which is the role of the trial court), the juvenile court jurisdiction would have to be sustained (i.e., in “adult court” terms, the conviction would have to be affirmed).

First Holding:

To evaluate the minor’s claim that the evidence was insufficient, we review the record for substantial evidence to support the juvenile court’s jurisdictional findings—i.e., evidence that is reasonable, credible, and of solid value—such that a reasonable trier of fact could find beyond a reasonable doubt that the minor committed the crimes.

In applying this test, we review the evidence in the light most favorable to the prosecution and presume in support of the judgment the existence of every fact the trier of fact could reasonably have deduced from the evidence. If the circumstances reasonably justify the trier of fact’s findings, the opinion of the reviewing court that the circumstances might also be reasonably reconciled with a contrary finding does not warrant a reversal of the judgment.

Authority:

People v. Zamudio (2008) 43 Cal.4th 327, 357

In re Z.A. (2012) 207 Cal.App.4th 1401, 1424

In re George T. (2004) 33 Cal.4th 620, 631

Second Holding:

In determining whether findings are supported by substantial evidence, we resolve neither credibility issues nor evidentiary conflicts. Resolution of conflicts and inconsistencies in the testimony is the exclusive province of the trier of fact. Moreover, unless the testimony is physically impossible or inherently improbable, testimony of a single witness is sufficient to support a conviction.

(Gary note: As I indicated above, the trial court examined the dashcam recording and determined that it was impossible for the minor to have been driving the vehicle at the time of the accident, despite the testimony of two law enforcement officers who had reached a different conclusion from their own review of the video. The balance of the opinion pertains to the appellate court’s observations of the scenes depicted in the video and offers no additional legal information pertinent to these summaries. The court simply found the evidence insufficient to support a finding beyond a reasonable doubt that the minor was the driver.)

Authority:

People v. Demolle (2026) 19 Cal.5th 1117, 1176

Discretion, Probation Parole PRCS, Sentencing, Standard of review

Case 001067

Posted on by Gary McCurdy

Error and/or relief:

There is not sufficient nexus with the current offense or with future criminality to justify the imposition of the gang conditions of probation. In addition, payment for counseling cannot be ordered as a condition of probation. We direct the trial court to strike the gang conditions and to modify the counseling provision to clarify that payment of costs is not a condition of probation.

First Holding:

When a trial court grants probation, section 1203.1(j) states that the court may impose and require any or all of the terms of imprisonment, fine, and conditions specified in that section, and other reasonable conditions, as it may determine are fitting and proper to the end that justice may be done, that amends may be made to society for the breach of the law, for any injury done to any person resulting from that breach, and generally and specifically for the reformation and rehabilitation of the probationer.

Accordingly, courts have broad discretion to impose conditions to foster rehabilitation and to protect public safety.

Authority:

PEN 1203.1(j)

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

Second Holding:

There are limits to the conditions a court may impose. Under Lent, a condition of probation will be invalid if it:

(1) has no relationship to the crime of which the offender was convicted,

(2) relates to conduct which is not in itself criminal, and

(3) requires or forbids conduct which is not reasonably related to future criminality.

This test is conjunctive—all three prongs must be satisfied before a reviewing court will invalidate a probation term.

Authority:

People v. Lent (1975) 15 Cal.3d 481, 486

People v. Olguin (2008) 45 Cal.4th 375, 379

Third Holding:

We review the trial court’s decision to impose a given probation condition for an abuse of discretion, considering the facts of the underlying offense and the defendant’s background. (Olguin, supra, 45 Cal.4th at p. 379; People v. Patillo (1992) 4 Cal.App.4th 1576, 1579.) We review constitutional challenges to specific conditions of probation—including assertions that a condition improperly delegates the trial court’s authority—de novo.

Authority:

People v. Olguin (2008) 45 Cal.4th 375, 379

People v. Patillo (1992) 4 Cal.App.4th 1576, 1579

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

Fourth Holding:

The defendant complains that the court should not have reviewed his juvenile record, as juvenile proceedings are confidential.

In general, juvenile court records are confidential. Welfare and Institutions Code section 827 governs the release of juvenile court records. It enumerates a list of persons who may inspect a juvenile case file without a court order, which includes, among others, court personnel, the district attorney, a city attorney, or city prosecutor authorized to prosecute criminal or juvenile cases under state law, attorneys for the parties, judges, referees, other hearing officers, probation officers, and law enforcement officers who are actively participating in criminal or juvenile proceedings involving the minor, and any other person who may be designated by court order of the judge or the juvenile court upon filing a petition.

Authority:

WIC 827

City of Eureka v. Superior Court (2016) 1 Cal.App.5th 755, 761

Fifth Holding:

Welfare and Institutions Code section 828(a)(2) states that a court shall consider any information relating to the taking of a minor into custody, if the information is not contained in a record that has been sealed, for purposes of determining whether adjudications of commission of crimes as a juvenile warrant a finding that there are circumstances in aggravation pursuant to Section 1170 of the Penal Code or to deny probation.

The defendant’s juvenile record has not been sealed. Thus, court personnel, the prosecutor, and the probation department were permitted to inspect the records without court order. Moreover, the court was permitted to consider information related to the taking of Reeves into custody for the purpose of determining whether to grant or deny probation.

Authority:

WIC(a)(2)

Sixth Holding:

Probation conditions need not relate directly to the underlying conviction, and may, instead, be reasonably related to future criminality. But here we cannot conclude that the gang conditions are reasonably related to future criminality. As discussed, even if appropriately considered, the defendant’s juvenile record is 10 years old, and in the intervening 10 years, there is no indication that the defendant has engaged in any criminal activity related to gangs.

Authority:

People v. Lent (1975) 15 Cal.3d 481, 486

Seventh Holding:

Courts may properly base probation conditions upon information in a probation report that raises concerns about future criminality unrelated to a prior offense. Yet Lent’s requirement that a probation condition must be reasonably related to future criminality contemplates a degree of proportionality between the burden imposed by a probation condition and the legitimate interests served by the condition. Thus, not every probation condition bearing a remote, attenuated, tangential, or diaphanous connection to future criminal conduct can be considered reasonable.

Courts are not authorized to impose “conditions to shield probationers from exposure to people and circumstances that are less than ideal but are nonetheless unrelated to defendant’s current or prior offenses or any factor suggesting a risk of future criminal conduct. Accordingly, we conclude that the gang conditions are not reasonable under Lent and must be stricken.

Authority:

In re Ricardo P. (2019) 7 Cal.5th 1113, 1122

People v. Brandão (2012) 210 Cal.App.4th 568, 574, 577

Eighth Holding:

The 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.

Accordingly, we will direct the trial court to modify the condition with this clarification.

Authority:

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

Ninth Holding:

The defendant’s remaining arguments about the propriety of the order directing that all costs are to be borne by the defendant are forfeited for lack of objection at the time they were ordered.

Authority:

People v. Trujillo (2015) 60 Cal.4th 850, 858–859 [defendant waived arguments regarding ability to pay probation costs by failing to raise them in the trial court]