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State Courts -
California - April 8, 2009
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People v. Burns, B205324,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR, April 8, 2009, Filed
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Overview: Trial court did not err in not instructing jury on grand theft from the person under Pen. Code, ? 487, subd. (c), as a lesser included offense of robbery under Pen. Code, ?? 211, 212.5, subd. (c), the crime charged, where "purse snatch" in the case, if it occurred at all, was robbery, and there was no substantial evidence that it was anything less.
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People v. O'Shell, D052192, D052648,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, April 8, 2009, Filed
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Overview: In a case where defendant was found to be a sexually violent predator under SVPA, because the evidence was overwhelming and largely uncontested that he posed a substantial, serious, and well-founded risk of reoffending upon release, the fact that trial court erroneously excluded a portion of his testimony relevant only to that point was harmless.
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People v. Pearl, G041316,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, April 8, 2009, Filed
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Overview: Where the evidence at a suppression hearing was insufficient to prove that defendant was ever a fugitive from justice under Pen. Code, ? 3064, during his four years of parole, a trial court erred by finding the prosecution met its burden of establishing that warrantless searches of defendant's living space were justified as valid parole searches.
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