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Case Summaries

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Sentencing

Case: 000218

Posted on by Gary McCurdy

Error and/or relief

There was insufficient evidence to prove beyond reasonable doubt that defendant’s prior strikes were based on separate criminal acts, and we remand for resentencing on that basis.

First Holding:

If two strike offenses are based on a single act, the court must dismiss one of the strikes. Prior convictions for multiple criminal acts committed in a single course of conduct may be treated as separate strikes, so long as the convictions are not so closely connected that treating them as separate strikes would be contrary to the spirit of the Three Strikes law. Because we conclude that the record does not prove beyond a reasonable doubt that the defendant’s state robbery and federal bank robbery convictions were based on separate criminal acts, the matter must be remanded for retrial on the priors and full resentencing.

Authority:

People v. Vargas (2014) 59 Cal.4th 635, 638

People v. Benson (1998) 18 Cal.4th 24, 35

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

Second Holding:

At the retrial, the People may produce evidence to prove that the second and third prior strike allegations were based on separate criminal acts than the fourth prior strike allegation.

Authority:

People v. Fielder (2004) 114 Cal.App.4th 1221, 1234 [Retrial of prior conviction findings is not barred by the state or federal prohibitions on double jeopardy even when a prior conviction finding is reversed on appeal for lack of substantial evidence]

Retroactivity, Sentencing

Case: 000217

Posted on by Gary McCurdy

Error and/or relief

We modify the judgment to vacate any remaining balance on defendant’s restitution fine imposed under section 1202.4(b).

First Holding:

Effective January 1, 2025, Assembly Bill No. 1186 (2023–2024 Reg. Sess.) (Stats. 2024, ch. 805, § 1) amended section 1465.9 by adding subdivision (d), which provides: Upon 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 1465.9(d)

Second Holding:

Defendant’s appeal from the trial court’s resentencing order causes his judgment to remain nonfinal. Therefore, he is entitled to any applicable ameliorative benefits under section 1465.9.

Authority:

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

People v. Hanson (2000) 23 Cal.4th 355, 362 [restitution fines qualify as punishment]

Sentencing

Case: 000216

Posted on by Gary McCurdy

Error and/or relief

The trial court imposed an indeterminate sentence of 50 years to life for the murders, plus a determinate sentence of 23 years, 4 months, which included a one-year term for burglary and a 16-month term for attempted robbery. The terms for the burglary and attempted robbery should have been stayed under section 654. The judgment is modified to stay the terms imposed for burglary and attempted robbery.

Holding:

The terms for the burglary and attempted robbery should have been stayed under section 654, which prohibits punishment for two crimes arising from a single, indivisible course of conduct. This means that if all of the crimes were merely incidental to or were the means of accomplishing or facilitating a single objective, the defendant may receive only one punishment.

Authority:

PEN 654

People v. Islas (2012) 210 Cal.App.4th 116, 129

Abstracts and Minutes

Case: 000215

Posted on by Gary McCurdy

Error and/or relief

The abstract of judgment erroneously included the court operations fee and the criminal conviction fee that the trial court waived. The abstract of judgment should be modified to reflect that those fees were waived by the court.

Holding:

[Gary note: the court included no citation of authority, but the law is clear that an incorrect abstract of judgment must be corrected to reflect the actual judgment.  I have provided as authority some cases the court could have relied on.]

Authority:

People v. Mitchell (2001) 26 Cal.4th 181, 185

People v. Delgado (2008) 43 Cal.4th 1059, 1070

People v. Leon (2020) 8 Cal.5th 831, 855

In re Black (1967) 66 Cal.2d 881, 890

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

People v. Farell (2002) 28 Cal.4th 381, 384, fn. 2

Amelioration, Elements of crime, Retroactivity, Sentencing

Case: 000214

Posted on by Gary McCurdy

Error and/or relief

After the defendant was convicted, but before the judgment became final, AB 333 was enacted, and its application in defendant’s case. We vacate the gang enhancement allegation findings under section 186.22(b), and remand the matter to the trial court to permit the People to elect to retry the gang enhancements or, if the People do not so elect, for the trial court to proceed with resentencing petitioner in conformance with this opinion.

Holding:

AB 333 made substantial changes to the elements of criminal gang activity. These changes apply retroactively to all cases not yet final on the effective date of AB 333, January 1, 2022. A defendant is entitled to relief under AB 333 if an appellate court affirmed the judgment, but sentencing issues were pending upon remand as of its effective date.

Authority:

People v. Tran (2022) 13 Cal.5th 1169, 1206–1207

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