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   State Courts - California - July 31, 2000

  
County of L.A. v. Superior Court, No. B134958., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, July 31, 2000, Decided
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Overview: Public records requested under CPRA by persons suing sheriff department for false arrest, were first subjected to in camera review, because some documents may have been privileged, or impacted public safety.

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In re Jorge M., No. S074270., SUPREME COURT OF CALIFORNIA, July 31, 2000, Decided
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Overview: Statute that made it crime to possess assault weapon required showing violator knew or should have known gun's characteristics made it assault weapon even though statute expressed no specific mental state required for conviction.

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Nager v. Allstate Ins. Co., No. G024720., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, July 31, 2000, Decided
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Overview: Appellant failed to prove that respondent insurer exhibited any bad faith or that appellant had sustained a tangible economic loss sufficient to support a bad faith claim.

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People v. Alleyne, No. G024061., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, July 31, 2000, Decided
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Overview: The death of the only other coconspirator did not terminate the conspiracy where the sole remaining conspirator committed an overt act in furtherance of the agreement.

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People v. Becker, No. G025753., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, July 31, 2000, Decided
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Overview: Defendant's acquittal on the attempted robbery and burglary charges was immaterial to the firearm enhancement, because the presence and availability of a gun on the defendant during the conspiracy created the added risk of death or injury.

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People v. Bohannon, No. B115308., COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, July 31, 2000, Decided
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Overview: Criminal defendants had not received unfair trials simply because they had failed to receive some of the witnesses' addresses, but a sentence report should have been made for defendant who was technically eligible for parole.

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People v. Ferris, No. D033181., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, July 31, 2000, Decided
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Overview: Where the criminal charges were consolidated for trial and joined into one case, the trial court erred in imposing restitution fines as though there were two separate criminal cases.

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People v. Frawley, No. A088519., COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FOUR, July 31, 2000, Decided
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Overview: Criminal defendant could be charged with possessing a firearm as a convicted felon even though his prior conviction had been dismissed, because the dismissal was not intended as an expungement.

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People v. Matelski, No. E025259., COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, July 31, 2000, Decided
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Overview: Prosecution in a drug possession case should have been allowed to use seized drugs as evidence because the search had been justified by the fact that it was not intrusive and that the police did not need a search warrant to search the premises.

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People v. Mendoza, No. S067104., SUPREME COURT OF CALIFORNIA, July 31, 2000, Decided
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Overview: The jury was not permitted to determine the degree of the crime of felony murder, because the crime was defined by statute as murder in the first degree.

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