Notes · Topic
Criminal appeals.
Recent California and federal decisions on criminal appeals, what each one holds, and what it means for a case on appeal. Written by Yisrael Gelb.
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Criminal appeals
After 120 days, a trial court cannot resentence on its own motion without a change in applicable sentencing law
After 120 days, own-motion section 1172.1 resentencing requires a change in the applicable sentencing law. People v. Bray reversed a reduced sentence on that ground.
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Criminal appeals
Inventory search of an impounded car cannot be a ruse for investigation: Court of Appeal orders gun suppressed
Can police impound a legally parked car and search it as an inventory? People v. Thomas says not as a ruse for investigation, and orders the gun suppressed.
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Criminal appeals
Counsel, not the defendant, decides whether he testifies at a competency hearing: People v. Lackey-Garcia
Does a defendant have a right to testify at a competency hearing over counsel's objection? The Third District says no, following People v. Bell.
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