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Archives - August 2009

17
Aug

CALIFORNIA CRIMINAL DEFENSE: CALCULATING INDETERMINATE AND DETERMINATE SENTENCES

CALCULATING INDETERMINATE AND DETERMINATE SENTENCES This California Court of Appeal writes a screed about the unintelligibility of the determinate sentencing law. No kdding. What is more infuriating than trying to figure out sentencing in California? They try to help folks make correct calculations, using the “box” analogy. The trial court computes all indeterminate sentences separately, …

16
Aug

USE OF A WHIZANATOR PERMITS TERMINATION OF PROP 36 PROBATION-OOPS!

OK, tied for outrage of the week. The defendant here was on Prop. 36 probation. He used a whizanator device to produce fake urine during a drug test. Incredibly, over an excellent dissent, the California Court of Appeal rules that use of the whizanator isn’t drug related and so permits termination of 36 without three …

13
Aug

SAN DIEGO SEXUAL ASSAULT LAWYER: HERE’S ANOTHER HOFSHEIER WIN

California penal Code sec. 290 requires sex registration for a defendant convicted of Penal Code sec. 288a, oral copulation with a 16-year old girl, but not for Penal Code sec. 261.5, sexual intercourse with that same girl. In Hofsheier (27 Cal.4th 1185), the California Supremes struck down the mandatory sex registration requirement as violative of …

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