Criminal Law

6th District Court of Appeal, Criminal Law, Litigation

People v. Mohammed — Trial Courts Lack Inherent Jurisdiction to Correct Unauthorized Sentences After Judgment Becomes Final

automatic / April 29, 2026

Sixth District holds that trial courts lack inherent jurisdiction to correct unauthorized sentences after judgment becomes final, treats the appeal as a habeas petition, and orders the trial court to vacate a post-judgment resentencing that increased the defendant's sentence.

4th District Court of Appeal, Criminal Law, Litigation

People v. The North River Insurance Co. — Defendant’s Counsel Appearance Under Section 977 Triggers Bail Bond Exoneration; Court Retains Jurisdiction to Award Extradition Costs

automatic / April 28, 2026

Fourth District holds that a defendant's appearance through counsel under Penal Code section 977 satisfies the appearance requirement for bail bond exoneration and that the trial court retained jurisdiction to award extradition costs after conditional exoneration.

1st District Court of Appeal, Criminal Law, Litigation

People v. Emrick — Probation Condition Allowing Probation Department to Jail Defendant Without Hearing Improperly Delegates Judicial Authority

automatic / April 24, 2026

First District holds that a probation condition allowing the probation department to incarcerate a defendant for up to 120 days without a court hearing improperly delegates judicial authority and that denying custody credit for residential treatment requires a knowing waiver under Penal Code section 2900.5.

2nd District Court of Appeal, Constitutional Law, Criminal Law

Jessica M. v. CDCR — Penal Code Section 3051 Youth Offender Parole Hearings Constitutional as Applied to Forcible Sex Offenders Sentenced Under Section 667.6

automatic / April 23, 2026

Second District holds that Penal Code section 3051 youth offender parole hearings are constitutional as applied to forcible sex offenders sentenced under section 667.6's full consecutive sentence scheme, finding that section 3051 did not improperly amend Proposition 83 (Jessica's Law).

2nd District Court of Appeal, Constitutional Law, Criminal Law

People v. Hardy — California’s Assault Weapon, Silencer, and Large-Capacity Magazine Bans Survive Second Amendment Facial Challenge After Bruen

automatic / April 22, 2026

Second District rejects facial Second Amendment challenges to California's prohibitions on assault weapons, short-barreled shotguns, silencers, and large-capacity magazines, holding that these regulations survive scrutiny under Heller, Bruen, and the common use test.

4th District Court of Appeal, Criminal Law, Litigation

Bobo v. Appellate Division of Superior Court — Trial Court Cannot Deny Misdemeanor Vehicular Manslaughter Diversion Based Solely on the Inherent Elements of the Charged Offense

automatic / April 22, 2026

Fourth District grants writ of mandate ordering reconsideration of misdemeanor diversion request in vehicular manslaughter case, holding that the trial court abused its discretion by denying diversion based solely on the inherent elements of the charged offense (negligence causing death) without individualized analysis.

6th District Court of Appeal, Criminal Law, Litigation

People v. Landrine — Defendant Cannot “Satisfactorily Perform” Mental Health Diversion Without Substantially Complying with Diversion Requirements

automatic / April 21, 2026

Sixth District reverses dismissal of multiple criminal cases under Penal Code section 1001.36 mental health diversion, holding that a defendant who commits several dozen new crimes during diversion has not substantially performed the diversion requirements regardless of progress made afterward.

California Supreme Court, Constitutional Law, Criminal Law

People v. Bertsch and Hronis — Convictions Affirmed, Bertsch Death Sentence Stands, but Hronis Death Sentence Vacated Because of Later Changes to Self-Representation Law

automatic / April 20, 2026

The California Supreme Court affirms the convictions and Bertsch's death sentence in this 1985 kidnap-rape-murder case but reverses Hronis's death sentence because of post-trial changes in the law governing a defendant's mental competency to represent himself.

1st District Court of Appeal, Criminal Law, Litigation

People v. C.F. — Trial Counsel’s Failure to Request Free Court Reporter Constitutes Ineffective Assistance in Antipsychotic Medication Hearing

automatic / April 17, 2026

First District holds that trial counsel's failure to request a free court reporter for an antipsychotic medication renewal hearing constituted ineffective assistance of counsel and reverses the order authorizing involuntary medication, remanding for a new hearing.

4th District Court of Appeal, Criminal Law, Litigation

People v. Superior Court (Austin) — Judge Who Was Former Homicide Prosecutor Must Be Disqualified from Racial Justice Act Hearing Challenging That Office’s Charging Practices

automatic / April 16, 2026

Fourth District grants writ of mandate disqualifying a judge from presiding over a California Racial Justice Act hearing because her prior service as a homicide prosecutor in the same District Attorney's Office whose charging practices are under review created an appearance of bias.

4th District Court of Appeal, Criminal Law, Litigation

People v. Harzan — Conviction Reversed Where Trial Court Forced Defendant to Choose Between Entrapment Defense and Excluding Decades-Old Sexual Misconduct Evidence

automatic / April 16, 2026

Fourth District reverses conviction where the trial court forced the defendant to choose between asserting a valid entrapment defense and admission of decades-old sexual misconduct evidence from his teenage years, holding that the conditioning violated his constitutional right to present a defense.

1st District Court of Appeal, Criminal Law, Litigation

In re Sebastian C. — Family Home with Community-Based Programming May Qualify as Less Restrictive Program Under Welfare and Institutions Code Section 875

automatic / April 15, 2026

First District holds that placement in a family member's home with community-based programming and supervision can qualify as a "less restrictive program" under Welfare and Institutions Code section 875(f), even though the appeal was dismissed as moot after the youth was placed with his mother.

4th District Court of Appeal, Criminal Law, Litigation

People v. Espiritu — Trial Court’s Failure to Recognize Presumptively Invalid Reason for Peremptory Challenge Requires Reversal Under Section 231.7

automatic / April 13, 2026

Fourth District reverses convictions in sexual assault case where the trial court failed to recognize that a peremptory challenge based on a juror's nursing occupation was presumptively invalid under Code of Civil Procedure section 231.7, holding that defense counsel's failure to specifically invoke the presumption did not forfeit the issue.

4th District Court of Appeal, Criminal Law, Litigation

People v. Sanchez — Court Correcting Clerical Sentencing Error Cannot Modify Misdemeanor Sentences and Need Not Conduct Full Resentencing

automatic / April 9, 2026

Fourth District holds that a court correcting a clerical error in an abstract of judgment is not required to conduct full resentencing or hear Romero motions, but exceeded its authority by modifying the underlying misdemeanor sentences during the correction process.

4th District Court of Appeal, Criminal Law, Litigation

People v. Bradley — Stayed Sentences for Unused One Strike Circumstances and Habitual Sexual Offender Law Are Unauthorized

automatic / April 8, 2026

Fourth District affirms forcible rape and related convictions but holds that stayed sentences based on unused One Strike circumstances and the Habitual Sexual Offender law are unauthorized when the defendant is already sentenced under the One Strike law and Three Strikes law for the same offense.

2nd District Court of Appeal, Criminal Law, Litigation

People v. Player — Jury’s Not-True Firearm Findings Do Not Collaterally Estop Resentencing Court from Finding Defendant Was Actual Killer

automatic / April 7, 2026

Second District holds that a jury's not-true findings on personal firearm use and a robbery special circumstance do not collaterally estop a resentencing court from finding the defendant was the actual killer in a Penal Code section 1172.6 hearing, applying People v. Santamaria and joining People v. Hart.

California Supreme Court, Constitutional Law, Criminal Law

People v. Deen — Death Sentence Reversed Because Trial Court Failed to Probe Juror’s Possible Bias from Knowing the Murdered Police Chief

automatic / April 6, 2026

The California Supreme Court reverses Omar Deen's capital conviction and death sentence because the trial court failed to adequately examine whether a juror who had a personal connection to the murdered police chief harbored actual bias.

2nd District Court of Appeal, Criminal Law, Litigation

In re Melson — Murder Conviction Vacated for Napue Error and Ineffective Assistance Where Prosecutor Failed to Correct False Eyewitness Testimony

automatic / April 2, 2026

Second District grants habeas petition vacating murder conviction where prosecutor failed to correct false eyewitness testimony about prior police identifications and defense counsel failed to impeach with the witnesses' actual statements, applying the Supreme Court's recent Glossip v. Oklahoma decision.

1st District Court of Appeal, Criminal Law

People v. Newt — ‘Receiving’ large-capacity magazine under Penal Code section 32310(a) requires more than mere possession; felony conviction reversed

automatic / March 30, 2026

First District holds that the term 'receives' in Penal Code section 32310(a) requires more than mere possession of a large-capacity magazine, and reverses a felony conviction supported only by evidence that the defendant possessed the magazine in his car.

1st District Court of Appeal, Criminal Law

People v. Nielsen — Defense forfeited section 1170(b)(6) low term presumption claim by failing to raise childhood trauma argument at sentencing; dissent disagrees

automatic / March 30, 2026

First District holds, with one justice dissenting, that a defendant forfeited his Penal Code section 1170(b)(6) low term presumption claim by failing to raise it at sentencing despite submitting evidence of childhood trauma.

1st District Court of Appeal, Criminal Law, Family Law

In re J.H. — Juvenile court may consider victim impact statement at six-month baseline review hearing if limited to rehabilitation-relevant material

automatic / March 27, 2026

First District holds that a juvenile court may consider a victim impact statement at a six-month baseline review hearing if it limits its consideration to material relevant to the juvenile's rehabilitation.

6th District Court of Appeal, Constitutional Law, Criminal Law

Armstrong v. Superior Court — Probation department, not court, decides eligibility for young adult deferred entry of judgment under Penal Code section 1000.7

automatic / March 27, 2026

Sixth District holds that the probation department, not the trial court, decides eligibility for Penal Code section 1000.7's young adult deferred entry of judgment pilot program and rejects separation of powers and abuse of discretion challenges to a denial based on out-of-county residence.

4th District Court of Appeal, Criminal Law, Immigration

People v. Avena — Section 1473.7 motion granted because counsel did not negotiate immigration-safe plea after intervening change in law

automatic / March 26, 2026

Fourth District grants Penal Code section 1473.7 relief where defense counsel failed to recognize and pursue an immigration-safe plea after Sessions v. Dimaya and United States v. Lynch opened the door to one.

4th District Court of Appeal, Constitutional Law, Criminal Law

In re E.J. — Penal Code section 29820 firearm prohibition for juvenile offenders is facially constitutional under Bruen framework

automatic / March 26, 2026

Fourth District holds that Penal Code section 29820's firearm prohibition for certain juvenile wards until age 30 is facially constitutional under both the Second Amendment Bruen framework and the Due Process Clause.

5th District Court of Appeal, Constitutional Law, Criminal Law

In re Bergstrom — Penal Code section 292 validly defines ‘acts of violence’ and ‘great bodily harm’ under California Constitution’s no-bail provision

automatic / March 26, 2026

Fifth District holds that Penal Code section 292's definitions of 'acts of violence' and 'great bodily harm' are constitutional under California Constitution article I, section 12, and that a no-bail order in a serious child sexual abuse case was supported by clear and convincing evidence.