5th District Court of Appeal

5th District Court of Appeal, Criminal Law

People v. Gonzalez — Trial Court Properly Used Aggravating Factors Tied to Prior Convictions for Upper-Term Sentence; Strike Vacated After Fletcher

automatic / February 26, 2026

Fifth District holds (on transfer from the California Supreme Court) that trial courts may impose upper-term sentences based on California Rules of Court rule 4.421(b) factors derived from prior convictions, but vacates the prior-strike finding under People v. Fletcher.

5th District Court of Appeal, Criminal Law

People v. Dixon — Grand Jury Transcripts and Police Reports Are Not Admissible at Section 1172.6 Evidentiary Hearings

automatic / January 26, 2026

Fifth District holds that grand jury transcripts and police reports are not within section 1172.6(d)(3)'s hearsay exception and were inadmissible at the petitioner's section 1172.6 evidentiary hearing, vacating the denial and remanding for a new hearing.

5th District Court of Appeal, Criminal Law

People v. Jimenez — Felony Vandalism Conviction Reversed Where More Specific Jail-Damage Statute Applies

automatic / January 12, 2026

Fifth District holds Penal Code section 4600's specific statute on damaging jail or prison property displaces the general felony vandalism statute, requiring reversal of an inmate's vandalism conviction and remand for resentencing.