Does SB 620 (New PC 12022.53) Apply to Insanity Defendants?

If a defendant is legally declared insane, can a judge, in sentencing, dismiss a sentencing enhancement of ten or even twenty-five years for that defendant’s use of a firearm, as provided under the new Penal Code § 12022.53 (Senate Bill 620)? A recent Fourth Appellate Court decision addressed this issue in a case out of San Bernardino Superior Court. To read a short summary of what the appellate court judges decided, please click on the following link.

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What Is Involved in a Bench Warrant Recall Hearing?

Recalling a bench warrant (also described as having it set aside or quashed) involves many considerations that must be made to avoid a trip to the courthouse that ends in defeat. It is wise to first identify if the warrant was issued before defendant even appeared in court, it was issued while the case was pending or if it was issued after a plea or verdict. Was the case a felony or a misdemeanor? Why was the warrant issued? How long ago? These are just a few of the many issues that must be evaluated so that one can succeed in having the warrant recalled. To read more about this event, click on the following link.

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What Is a Commercial Establishment under Prop 47, PC 459.5?

Under the new shoplifting statute, Penal Code § 459.5, shoplifting is defined as entering a commercial establishment with intent to commit larceny during regular business hours when the theft is $950 or less. This definition has been tested in a multitude of ways by folks with prior felony convictions for all sorts of theft convictions, seeking reclassification of their crime as misdemeanor shoplifting. What is a commercial establishment under this law? Is a bank? A school? To read about this evolving definition, please click on the following link.

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