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   State Courts - California - May 16, 2001

  
People v. Frazier, No. B133043, No. B142037., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, May 16, 2001, Decided
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Overview: Child molestation conviction was reversed where jury instruction relating to prior uncharged sex crimes denied defendant due process because it allowed conviction without proof beyond reasonable doubt of every element of charged offenses.

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People v. Hill, No. B143524., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, May 16, 2001, Decided
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Overview: Police had probable cause to arrest appellant based on rape victims' detailed descriptions and appellant's close proximity to the crimes. DNA test kit did not embrace any new scientific technique requiring a first prong Kelly hearing.

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People v. Ly, No. B139382., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, May 16, 2001, Decided
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Overview: Because murder committed by defendant occurred after September 21, 1994, defendant was subject to 15 percent limitation on presentence credits. Defendant was entitled to 724 actual and 108 days of conduct credits.

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People v. Phillips, H020377, COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, May 16, 2001, Filed
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Overview: On review of a criminal matter, defendant's conviction for use of a firearm in connection with the sale of cocaine was affirmed; however, the appellate court ordered stricken a quantity enhancement and remanded the matter for resentencing.

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Resendiz v. Superior Court, D036738, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 16, 2001, Filed
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Overview: The court concluded that a section of Proposition 21 was unconstitutional because it provided the district attorney the discretion to grant or withhold from a trial court the option to prescribe a juvenile court disposition.

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