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Marilee Marshall and Associates
Attorneys at Law
Exclusively Criminal Defense Trials and Appeals

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Sentencing Changes:


People v. Segura, Case #E025631,
Sentence for kidnapping stayed under PC § 654, as there was no evidence the victim was kidnapped for any reason but in furtherance of her murder.

People v. AnayaCase#G027584.
Three prior prison term enhancements (Pen. Code, § 666.5, subd. (b)) ordered stricken where sentencing court had erroneously "stayed" them pursuant to Penal Code section 1385. (I) NFA

People v. BurtonCase# E030992.
Trial court ordered to clarify the sentence imposed, and if necessary, correct the abstract

People v. SephusCase #D033682, 
Sentence as to 3 prior prison term enhancements reversed.  Case remanded for trial court to determine whether it wants to strike or impose enhancements.  Court had been under the impression it had no such discretion at initial sentencing. 

Others:

People v. Castaneda, Case #E043503 — Probation Eligibility
The trial court mistakenly concluded appellant was presumptively ineligible for probation, and then denied probation. The Court of Appeal remanded for a new sentencing hearing, where the court will properly exercise its discretion.


People v. Johnson Case#E020554,
One of two counts of causing bodily injury while driving under the influence reversed because there was only one driving incident. (I) DKR

People v. Cantu Case#G025886
Increased restitution fine following reversal and retrial violated double jeopardy and due process provisions of state Constitution

People v. HendersonCase#E029887.
In the non-certified for publication portion of the opinion, the Court of Appeal struck the restitution fine imposed pursuant to Penal Code section 1245, subdivision (b), because appellant's offense predated the statute's enactment. Also, the court ordered the matter remanded for resentencing for the trial court to determine if appellant was entitled to an additional 145 days of presentence custody credits based upon time served in jail that was related to another offense. (In the portion of the opinion certified for publication the Court of Appeal held that DNA evidence obtained by using the capillary electrophoresis method of analyzing DNA data on a multiple source DNA sample was properly admitted.)

 

 

 

Criminal Law  •  Trials   •   Appeals   •   Writs    

Special Expertise in Murder and other Serious Felonies


 

 

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