Category Archives: Standard of review

Discretion, Standard of review

Case 000014

Posted on by Gary McCurdy

Error and/or relief

On appeal, the defendant contends that the trial court abused its discretion in denying her petition for mental health diversion. We agree that the court applied an incorrect legal standard in ruling on her petition. And we disagree with the People that we can imply from the court’s ruling the missing findings required by the statute. We thus conditionally vacate her no contest plea, conditionally reverse the judgment, and remand the matter for further proceedings consistent with section 1001.36.

First Holding:

A trial court abuses its discretion when it applies the wrong legal standard. Application of an incorrect legal standard on Mental Health Diversion requires reversal.

Authority:

PEN 1001.36(c)

Grossmont Union High School Dist. v. Diego Plus Education Corp. (2023) 98 Cal.App.5th 552, 584 [trial court applied an incorrect legal standard when it did not apply one of the essential components for deciding whether fees should be awarded under the applicable fee statute]

People v. Moine (2021) 62 Cal.App.5th 440, 449

Second Holding:

The court reviews denial of Mental Health diversion under the abuse of discretion standard. 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.

Authority:

People v. Moine (2021) 62 Cal.App.5th 440, 448-449

Third Holding:

There is a presumption of correctness in court orders. We presume a trial court’s order is correct and indulge all intendments and reasonable inferences to support it. Absent evidence to the contrary, we presume a trial court knew and applied the law. When the record clearly demonstrates what the trial court did, we will not presume it did something different.

Authority:

People v. Giordano (2007) 42 Cal.4th 644, 666

People v. Ramirez (2021) 10 Cal.5th 983, 1042

Lafayette Morehouse Inc. v. Chronicle Publishing Co. (1995) 39 Cal.App.4th 1379, 1384

Paterno v. State of California (2003) 113 Cal.App.4th 998, 1015

Sentencing, Sixth Amendment, Standard of review

Case 000011

Posted on by Gary McCurdy

Error and/or relief

The trial court prejudicially committed constitutional and statutory error in imposing the upper term sentence based on aggravating factors not tried to the jury. The factors relied on were: the victim’s particular vulnerability; the offense was carried out with planning, sophistication, and professionalism; the defendant engaged in violent conduct which indicated a serious danger to society; the defendant had numerous prior convictions and they were of increasing seriousness.

First Holding:

The defendant is entitled to a jury trial on aggravating factors, which must be proved beyond a reasonable doubt before they can be relied on to impose the upper term (unless they are stipulated to by the defendant).

Authority:

PEN 1170

Second Holding:

The standard of review for evaluating the improper use of untried aggravating fact is whether error was harmless beyond a reasonable doubt.

Authority:

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

Erlinger v. United States (2024) 602 U.S. 821

Apprendi v. New Jersey (2000) 530 U.S. 466

People v. Lynch (2024) 16 Cal.5th 730

Third Holding:

The parties agree the court erred in relying on those circumstances to impose the upper term on the principal count. Their disagreement centers around whether such error was prejudicial under the circumstances. On the record before us, we conclude it was.

Authority:

People v. Wiley (2025) 17 Cal.5th 1069, 1078

People v. French (2008) 43 Cal.4th 36, 47

Amelioration, Elements of crime, Sentencing, Standard of review, Sufficiency of and substantial evidence, Vicarious liability

Case 000008

Posted on by Gary McCurdy

Error and/or relief

The defendant appealed from a postjudgment order denying his petition for resentencing under Penal Code section 1172.6. The appellate court reversed and remanded the matter to the lower court because the evidence was insufficient to support the finding defendant aided and abetted the murder of the officer.

First Holding:

In this instance, the appellate court found that there was insufficient evidence to show that the defendant aided and abetted the murder.

Authority:

SB 1437

People v. Gentile (2020) 10 Cal.5th 830

People v. Wilson (2023) 14 Cal.5th 839, 869

Second Holding:

A trial court’s denial of a section 1172.6 petition is reviewed for substantial evidence. Under this standard, the appellate court reviews the evidence in the light most favorable to the judgment below to determine whether it discloses substantial evidence that would allow a reasonable trier of fact to find the defendant guilty beyond a reasonable doubt.

Authority:

People v. Reyes (2023) 14 Cal.5th 981, 988

Third Holding:

Under a direct aider and abettor liability theory, the prosecution must prove the person who is not the actual killer engaged in the requisite acts and had the requisite intent to aid and abet the target crime of murder.

Authority:

People v. Pacheco (2022) 76 Cal.App.5th 118, 124

Fourth Holding:

Direct aiding and abetting is based on the combined actus reus of the participants and the aider and abettor’s own mens rea.

Authority:

People v. Powell (2021) 63 Cal.App.5th 689, 712-713

Fifth Holding:

It is well settled that aiding and abetting the commission of a crime requires some affirmative action.

Authority:

People v. Partee (2020) 8 Cal.5th 860, 868

Sixth Holding:

A person present at the scene of a crime—even one who is the criminal’s companion, knows a crime is being committed, fails to prevent it, and later expresses approval of it—is not guilty of aiding and abetting the crime if he takes no action to aid or encourage the crime.

Authority:

In re K.M. (2022) 75 Cal.App.5th 323, 329