The minor sold methamphetamines five times during a football game. She got five consecutive sentences (I suppose the Court of Appeals means that the juvenile court set the maximum confinement time by imposing consecutive sentences). The minor argues that PC 654 bars consec. sentences here. The Court of Appeals disagrees, saying that each sale was [...]
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The minor here had a box cutter in his backpack at school. The blade was exposed. The minor was found a ward for violation of PC 626.10(a), possessing a razor with an unguarded blade at school. What about Michael R. (120 CA4th 1203), which held that possessing a box cutter with the blade retracted doesn’t [...]
Read More ...Pitchess (11 C3d 531) discovery motions must comply with the notice of motion provisions in Evidence Code 1043 and Code of Civil Procedure 1005. You have to give 16 court days’ notice of your motion, and you have to add 5 calendar days if you serve by mail. OK, your motion is granted. You investigate [...]
Read More ...The defendant possessed 46 items of child porn in 38 “containers” (disks, tapes, hard drives, etc.). So of course the District Attorney filed 46 counts of PC 311.11, possession of child porn. The Court of Appeals says that this is only one count, not 46. The fact that there were different containers doesn’t matter. People [...]
Read More ...In People v. Heller (128 S.Ct. 2783), the US Supreme Court held that the 2nd Amendment’s right to bear arms is an individual right. The Court of Appeals rejects the claim that PC 12025, carrying a concealed weapon, is invalidated by Heller. OK. But what about PC 12021(c)(1), possessing a firearm by a person previously [...]
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