Category Archives: Standard of review

Fourth Amendment, Standard of review

Case: 000241

Posted on by Gary McCurdy

Error and/or relief

The officer stopped the defendant’s vehicle for having a nonfunctioning rear license plate light. The detaining officer prolonged the stop without the reasonable suspicion necessary to justify detouring from the traffic stop’s mission. Accordingly, we reverse the judgment, and we remand the matter to allow the defendant to withdraw the guilty plea and with directions to the trial court to enter a new order granting his suppression motion.

First Holding:

In reviewing a trial court’s ruling on a motion to suppress evidence, we defer to that court’s factual findings, express or implied, if they are supported by substantial evidence. We exercise our independent judgment in determining whether, on the facts presented, the search or seizure was reasonable under the Fourth Amendment. In doing so we do not consider each fact in isolation. Instead, we must consider the totality of the circumstances—the whole picture.

Authority:

PEN 1538.5

People v. Flores (2024) 15 Cal.5th 1032, 1043

Second Holding:

A traffic stop that is lawful at its inception can violate the Fourth Amendment if its manner of execution unreasonably infringes interests protected by the Constitution. A police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution’s shield against unreasonable seizures. A seizure for a traffic violation justifies a relatively brief encounter for police investigation of the traffic violation.

Authority:

People v. Gyorgy (2023) 93 Cal.App.5th 659, 669–670

Third Holding:

The tolerable duration of police inquiries in the traffic-stop context is determined by the seizure’s mission—to address the traffic violation that warranted the stop and attend to related safety concerns. Because addressing the infraction is the purpose of the stop, it may last no longer than is necessary to effectuate that purpose. Authority for the seizure thus ends when tasks tied to the traffic infraction are—or reasonably should have been—completed.

Authority:

People v. Gyorgy (2023) 93 Cal.App.5th 659, 669–670

Fourth Holding:

Beyond determining whether to issue a traffic ticket, an officer’s mission includes ordinary inquiries incident to the traffic stop. Typically such inquiries involve checking the driver’s license, determining whether there are outstanding warrants against the driver, and inspecting the automobile’s registration and proof of insurance. The temporary detention may also include a criminal history check, which is done by consulting an in-car computer terminal or radioing dispatch. And although not specifically compelled by law, certain other steps customarily taken as matters of good police practice are no less intimately related to the citation process: for example, the officer will usually discuss the violation with the motorist and listen to any explanation the latter may wish to offer. These tasks are included within the officer’s mission during a traffic stop because they serve the same objective as enforcement of the traffic code: ensuring that vehicles on the road are operated safely and responsibly.

Authority:

People v. Gyorgy (2023) 93 Cal.App.5th 659, 669–670

Fifth Holding:

An officer may also require a lawfully stopped driver to exit the vehicle for officer safety to complete his traffic stop mission. On-scene investigation into other crimes, however, detours from the traffic stop’s mission. So too do safety precautions taken in order to facilitate such detours. While an officer may conduct certain unrelated checks during an otherwise lawful traffic stop, the officer may not do so in a way that prolongs the stop, absent the reasonable suspicion ordinarily demanded to justify detaining an individual.

Authority:

People v. Gyorgy (2023) 93 Cal.App.5th 659, 669–670

Duty of counsel, Immigration, Standard of review

Case: 000240

Posted on by Gary McCurdy

Error and/or relief

The defendant entered the United States in 1991 and obtained permanent residency in the mid-2000s. She was convicted by plea in 2009 of grand theft and was ordered to serve one year in the county jail as a condition of probation. At the time of her plea, she was advised under section 1016.5 that conviction may have the consequences of deportation, exclusion of admission to the United States, or denial of naturalization. There was no indication that her then-attorney discussed immigration consequences with her. She was not aware that a jail term of 364 days instead of 365 days would have made a difference regarding her immigration status.

Because service of at least 365 days in custody constitutes an aggravated felony, in 2010 she was notified by immigration authorities that she was subject to removal. She conceded removability and was deported. In 2023, someone she had kept in contact with over the years suggested she contact the public defender. She did, and a petition to vacate her conviction was filed under section 1473.7 Based on our independent review, we conclude the defendant has shown prejudicial error based on the totality of the circumstances. It was error to deny the defendant’s petition under section 1473.7 to vacate her conviction because prejudicial error impaired her ability to understand the immigration consequences of her plea.

First Holding:

Section 1473.7 allows noncitizens who have served their sentences to vacate a conviction if they can establish by a preponderance of the evidence that their conviction is legally invalid due to prejudicial error damaging their ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence. If the required showings are made, the court must vacate the conviction or sentence.

Authority:

PEN 1473.7(a)(1), (e)(1)

People v. Espinoza (2023) 14 Cal.5th 311, 316

Second Holding:

Appeals from section 1473.7 hearings are subject to independent review. Under this standard, an appellate court exercises its independent judgment to determine whether the facts satisfy the rule of law. We give deference to the trial court’s factual determinations if they are based on the credibility of witnesses the superior court heard and observed. But when the trial court’s findings derive entirely from written declarations and other documents, the trial court and the reviewing court are in the same position, and no deference is owed.

Authority:

People v. Espinoza (2023) 14 Cal.5th 311, 319-320

Third Holding:

Subject to statutory exceptions, a motion to vacate based on immigration consequences shall be deemed timely filed at any time in which the individual filing the motion is no longer in criminal custody. The exceptions state the motion may be deemed untimely filed if it was not filed with reasonable diligence after the later of several events: receipt of a notice to appear in immigration court, notice from immigration authorities asserting adverse consequences from the conviction or sentence, or notice of a final removal order.

Authority:

PEN 1473.7(b)(1) and (b)(2)

Fourth Holding:

The statutory exceptions to timeliness do not apply here. Because the defendant was given notice of immigration consequences before the 2017 effective date of section 1473.7, the test is: What event in her life that occurred after section 1473.7 became effective would have given her a reason to look for the existence of new legal grounds for relief or, at a minimum, put her on notice of the need to investigate? We assess the reasonableness of the petitioner’s diligence from that point forward. In so doing, we must take into account the totality of the circumstances. The record does not suggest some event occurred between the time the legislation became effective in 2017 and her contact with her attorney in 2023 that put her on notice. We conclude the motion was timely.

Authority:

People v. Alatorre (2021) 70 Cal.App.5th 747, 762, 765-766

Fifth Holding:

Relief pursuant to section 1473.7 requires that the defendant show prejudicial error damaging the moving party’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence. Because the defendant’s conviction of theft with a one-year sentence constituted an aggravated felony, she was subject to mandatory deportation and permanent exclusion from the United States and was also ineligible for cancellation of removal, a form of discretionary relief allowing some deportable aliens to remain in the country.

Authority:

8 U.S.C. 1101(a)(43)(G)

8 U.S.C. 1227(a)(2)(A)(iii)

8 U.S.C. 1229b(a)(3), (b)(1)(C)

People v. Carrillo (2024) 101 Cal.App.5th 1, 15

Sixth Holding:

A defendant seeking section 1473.7 relief must demonstrate that the error is prejudicial, meaning a reasonable probability that the defendant would have rejected the plea if the defendant had correctly understood its actual or potential immigration consequences. This might be based either on the desire to go to trial or on the hope or expectation of negotiating a different bargain without immigration consequences. Relief is available if the defendant establishes he or she would have rejected the existing bargain to accept or attempt to negotiate another.

Authority:

People v. Espinoza (2023) 14 Cal.5th 311, 316

People v. Vivar (2021) 11 Cal.5th 510, 529

People v. Martinez (2013) 57 Cal.4th 555, 559

Seventh Holding:

Her ignorance of the immigration consequences of her conviction and sentence was an error that damaged her ability to meaningfully understand and knowingly accept those consequences. A showing of ineffective assistance of counsel was not required because the motion was based on the inadequate advisement by the trial court that the conviction may have immigration consequences and the defendant’s own error in not knowing that her plea would subject her to mandatory deportation and permanent exclusion from the United States. There was no indication her attorney considered the immigration consequences of her plea even though a social worker had expressed concern and the defendant had expressed concern to probation. This failure impeded the defendant’s ability to understand the consequences of her plea.

Authority:

PEN 1473.7(a)(1)

People v. Mejia (2019) 36 Cal.App.5th 859, 871

People v. Padron (2025) 109 Cal.App.5th 950, 960–961

Eighth Holding:

Defense counsel has a duty to advise criminal defendant clients of the immigration consequences.

Authority:

PEN 1016.2

PEN 1016.3

Padilla v. Kentucky (2010) 559 U.S. 356, 371

People v. Carrillo (2024) 101 Cal.App.5th 1, 17-18

Amelioration, Discretion, Sentencing, Standard of review, Sufficiency of and substantial evidence

Case: 000232

Posted on by Gary McCurdy

Error and/or relief

The trial court abused its discretion in denying the defendant’s motion for mental health diversion because substantial evidence did not support the court’s conclusion that his mental illnesses were not a significant factor in the commission of the underlying offenses.

First Holding:

In 2018, the Legislature enacted provisions to create a pretrial diversion program for defendants with certain mental health disorders. Pretrial diversion allows for the suspension of criminal proceedings and potential dismissal of charges upon successful completion of mental health treatment. The statute expressly promotes increased diversion of individuals with mental disorders to mitigate the individuals’ entry and reentry into the criminal justice system while protecting public safety.

Authority:

PEN 1001.35

PEN 1001.36

Vaughn v. Superior Court (2024) 105 Cal.App.5th 124, 133

Second Holding:

Section 1001.36 provides that a defendant is eligible for pretrial diversion if the defendant has been diagnosed with a specified mental disorder within the last five years by a qualified mental health expert, and the defendant’s mental disorder was a significant factor in the commission of the charged offense. If the defendant has been diagnosed with a mental disorder, the court shall find that the defendant’s mental disorder was a significant factor in the commission of the offense unless there is clear and convincing evidence that it was not a motivating factor, causal factor, or contributing factor to the defendant’s involvement in the alleged offense.

If the defendant is eligible, the court also must determine whether the defendant is suitable for pretrial diversion based on satisfaction of the following criteria: (1) In the opinion of a qualified mental health expert, the defendant’s symptoms of the mental disorder causing, contributing to, or motivating the criminal behavior would respond to mental health treatment; (2) The defendant consents to diversion and waives the defendant’s right to a speedy trial; (3) The defendant agrees to comply with treatment as a condition of diversion; and (4) The defendant will not pose an unreasonable risk of danger to public safety, as defined in Section 1170.18, if treated in the community.

Authority:

People v. Graham (2024) 102 Cal.App.5th 787, 795

Third Holding:

We review a trial court’s ruling on a petition for pretrial mental health diversion for abuse of discretion. A court abuses its discretion when it makes an arbitrary or capricious decision by applying the wrong legal standard, or bases its decision on express or implied factual findings that are not supported by substantial evidence. Therefore, we review a trial court’s factual findings in support of its ruling for substantial evidence.

Authority:

People v. Graham (2024) 102 Cal.App.5th 787, 795

People v. Whitmill (2022) 86 Cal.App.5th 1138, 1147

Fourth Holding:

The trial court failed to apply the presumption that, given the timely diagnoses of mental health disorders, the mental condition contributed to his behavior. The burden then was on the prosecution to rebut the presumption by producing clear and convincing evidence tha there was no causal connection.

Authority:

People v. Harlow (2025) 113 Cal.App.5th 485, 490

Fifth Holding:

However, while eligibility and suitability are preconditions, mental health diversion remains discretionary even if they are met. Because of the existence of this residual discretion, the proper remedy is to remand with instructions for the trial court to consider both eligibility and suitability, along with making relevant findings, in accordance with the current law.

Authority:

Sarmiento v. Superior Court (2024) 98 Cal.App.5th 882

People v. Qualkinbush (2022) 79 Cal.App.5th 879, 888

Discretion, Sentencing, Standard of review

Case: 000230

Posted on by Gary McCurdy

Error and/or relief

At the defendant’s hearing on the recall of his sentence under section 1172.75, the court failed to recalculate his custody credits upon resentencing. We direct the trial court to correct the custody credits in the resentencing minute order and the abstract of judgment.

First Holding:

Everyone sentenced to prison for criminal conduct is entitled to credit against his term for all actual days of confinement solely attributable to the same conduct. When a defendant is imprisoned and later resentenced, the sentencing court must recalculate and credit against the modified sentence all actual time the defendant has already served, whether in jail or prison, and whether before or since he was originally committed and delivered to prison custody.

Authority:

PEN 2900.5

People v. Buckhalter (2001) 26 Cal.4th 20, 29-30, 37

Second Holding:

We review a trial court’s decision not to strike a prior felony conviction for abuse of discretion. It is the defendant’s burden on appeal to show that the sentencing decision was irrational or arbitrary. Absent such a showing, the trial court is presumed to have acted to achieve legitimate sentencing objectives, and its discretionary determination to impose a particular sentence will not be set aside on review. In addition, we will not reverse a trial court’s sentencing decision merely because reasonable people might disagree. An appellate tribunal is neither authorized nor warranted in substituting its judgment for the judgment of the trial judge.

Authority:

People v. Carmony (2004) 33 Cal.4th 367, 371, 376-377

Elements of crime, Jury instructions, Standard of review

Case: 000219

Posted on by Gary McCurdy

Error and/or relief

The trial court erred in instructing the jury that implied malice murder can be based on an act that was reasonably foreseeable to cause death rather than highly likely to cause death. The prosecutor erred by making arguments to the jury on the same point. The defendant’s convictions on the counts of murder are reversed. The charges may be retried on remand. [The defendant was convicted as a result of the death of three occupants of a vehicle he crashed into while he was driving under the influence.]

First Holding:

Malice may be implied when a defendant does an act with a high probability that it will result in death and does it with a base antisocial motive and with a wanton disregard for human life. The trial court erred here by requiring only that death be a reasonably foreseeable consequence of appellant’s act, rather than a highly probable one. Similarly, the prosecutor erred by arguing to the jury that it need not find that appellant’s act of driving impaired created a strong probability of death.

Authority:

People v. Dellinger (1989) 49 Cal.3d 1212, 1219

Second Holding:

When the trial court misinstructs the jury on an element of a charged crime, we consider prejudice under the standard of Chapman. Under that standard, we reverse the judgment unless the error was harmless beyond a reasonable doubt.

Authority:

Chapman v. California (1967) 386 U.S. 18

People v. Hendrix (2022) 13 Cal.5th 933, 942