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	<title>Rodney&#039;s Blog</title>
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	<description>A Criminal Defense Lawyer&#039;s Point of View</description>
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		<title>Ok To Deny A Certificate Of Rehabilitation Because The Defendant Denies Guilt?</title>
		<description><![CDATA[Some felons can get a Certificate of Rehabilitation.  The trial court here denied this defendant&#8217;s request because the defendant had the nerve to deny that he was guilty.  The Court upholds denial of the Certificate on the basis that the defendant won&#8217;t admit guilt.  So, folks who are guilty and admit guilt can get a [...]]]></description>
		<link>http://rodneydefense.com/blog/criminal-defense-lawyer/ok-to-deny-a-certificate-of-rehabilitation-because-the-defendant-denies-guilt.html</link>
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		<title>Prosecutorial Misconduct</title>
		<description><![CDATA[In final argument, the DA argued that defense counsel and the defense expert in this rape case has &#8220;attacked&#8221; the victim in a previous, unrelated rape case, suggesting that counsel and the expert were willing to present whatever testimony necessary to avoid a conviction.  The Court says that this was highly improper and &#8220;clearly&#8221; prosecutorial [...]]]></description>
		<link>http://rodneydefense.com/blog/criminal-defense-lawyer/prosecutorial-misconduct.html</link>
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		<title>Could You Be Charged With Burglary If You Enter Someone’s Balcony?</title>
		<description><![CDATA[Issue of whether defendant&#8217;s presence on a balcony amounted to entry of a building was a question of law and was not for jury to resolve. Trial court did not err by including the term &#8220;balcony&#8221; in definition of burglary where balcony at issue was immediately adjacent to apartment&#8217;s living room, extended the living room [...]]]></description>
		<link>http://rodneydefense.com/blog/criminal-defense-lawyer/could-you-be-charged-with-burglary-if-you-enter-someone%e2%80%99s-balcony.html</link>
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		<title>Brown Proposes Shifting Many California Inmates To Counties</title>
		<description><![CDATA[California Gov. Jerry Brown called yesterday for a major shift of state prisoners to the county jail system, a plan aimed at saving the state money, reducing overcrowded prisons, and attempting to better handle juveniles and low-level offenders who cycle through the justice system at great cost to the public, reports the San Jose Mercury [...]]]></description>
		<link>http://rodneydefense.com/blog/criminal-defense-lawyer/brown-proposes-shifting-many-california-inmates-to-counties.html</link>
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		<title>Gang Cases Are More Easily Prosecuted</title>
		<description><![CDATA[Penal Code Sec. 186.22(a)&#8211;which applies to a member of a criminal street gang who &#8220;willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang&#8221;&#8211;does not require that the conduct promoted, furthered, or assisted be gang-related. Sufficient evidence supported finding that defendants’ sex offenses were committed in association with a gang [...]]]></description>
		<link>http://rodneydefense.com/blog/jail-sentencing/gang-cases-are-more-easily-prosecuted.html</link>
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		<title>Lying In Wait And Jury Views</title>
		<description><![CDATA[The Cal. Supreme Court here issue another long opinion affirming a death verdict. They begin by rejecting the defense claim of jury instruction error on the issue of lying in wait. The Cal. Supreme Court says that the issue is whether a defendant can murder by lying in wait when there are only a few [...]]]></description>
		<link>http://rodneydefense.com/blog/criminal-cases/lying-in-wait-and-jury-views.html</link>
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		<title>Does A Minor Have To Comply With All Terms Of Cpc 290?</title>
		<description><![CDATA[Neither sex offender registration requirements nor Sexually Violent Predator Act civil commitment proceedings constitute punishment in the constitutional sense, so laws subjecting a juvenile offender, unlike an adult, to those consequences without a jury trial do not violate equal protection clauses. Residency restrictions imposed by Proposition 83&#8211;known as Jessica&#8217;s Law&#8211;barring registered sex offenders from living [...]]]></description>
		<link>http://rodneydefense.com/blog/criminal-cases/does-a-minor-have-to-comply-with-all-terms-of-cpc-290.html</link>
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		<title>Multiple Sentences For A Single Act?</title>
		<description><![CDATA[The defendant was convicted of discharging a firearm with gross negligence to benefit a street gang and a substantive count of street terrorism for that same act. The Court here applies PC 654 and concludes that the defendant can&#8217;t get two sentences.  There&#8217;s a case to the contrary, Herrera (70 CA4th 1466), but the Court [...]]]></description>
		<link>http://rodneydefense.com/blog/criminal-defense-lawyer/multiple-sentences-for-a-single-act.html</link>
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		<title>Another Loss Under Crawford</title>
		<description><![CDATA[In his appeal and habeas petition, (Defendant) John Paul Nelson challenges his conviction of premeditated attempted murder with a finding that he personally discharged a firearm. In the published portion of this opinion, we reject defendant&#8217;s contention that his constitutional right to confront witnesses, as defined in Crawford v. Washington (2004) 541 U.S. 36 (Crawford), was violated [...]]]></description>
		<link>http://rodneydefense.com/blog/your-rights/another-loss-under-crawford.html</link>
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		<title>What Does &#8220;10 Years Of Age Or Younger&#8221; Mean In Cpc 288.7?</title>
		<description><![CDATA[The phrase &#8220;10 years of age or younger&#8221; in Penal Code Sec. 288.7, which prescribes a sentence of 15 years to life in prison when a person 18 years of age or older commits the crime of oral copulation or sexual penetration against a person 10 years of age or younger, excludes any person who [...]]]></description>
		<link>http://rodneydefense.com/blog/your-rights/what-does-%e2%80%9c10-years-of-age-or-younger%e2%80%9d-mean-in-cpc-288-7.html</link>
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