24 Cited authorities

People v. Maury
30 Cal.4th 342 (Cal. 2003) Cited 2,550 times 1 Legal Analyses
Holding that the defendant must renew a motion for a change of venue after voir dire to preserve the issue for appeal
People v. Superior Court (Alvarez)
14 Cal.4th 968 (Cal. 1997) Cited 1,375 times
Holding that a trial court's discretion under Cal.Penal Code § 17(b) to reduce a "wobbler" offense is not eliminated by the Three Strikes law but is reviewable
People v. Kipp
26 Cal.4th 1100 (Cal. 2001) Cited 780 times
Finding no prejudice where brief comment by prosecutor appealing to sympathy of jurors was mild and not repeated
People v. Brown
147 Cal.App.4th 1213 (Cal. Ct. App. 2007) Cited 487 times
Holding the defendant could pursue claim that trial court imposed a punishment more severe than that specified in her plea agreement without obtaining certificate of probable cause, and concluding that the defendant must be allowed to withdraw plea
People v. Raley
2 Cal.4th 870 (Cal. 1992) Cited 644 times 1 Legal Analyses
Finding insufficient evidence to sustain conviction of attempted oral copulation, but affirming convictions and capital sentence in other respects
People v. Williams
57 Cal.4th 776 (Cal. 2013) Cited 196 times
In People v. Williams (2013) 57 Cal.4th 776 (Williams), the California Supreme Court explained that "theft by false pretenses, unlike larceny, has no requirement of asportation.
People v. Whitmer
59 Cal.4th 733 (Cal. 2014) Cited 140 times
In Whitmer involving the dealership manager, and other cases Bailey had relied upon but distinguished, the defendant had committed similar, but separate and distinct, fraudulent acts.
People v. Davis
19 Cal.4th 301 (Cal. 1998) Cited 214 times
Holding that "a defendant who takes an item from a store display with the intent to claim its ownership and restore it only on condition that the store pays him a `refund' must be deemed to intend to permanently deprive the store of the item within the meaning of the law of larceny"
People v. Gonzalez
60 Cal.4th 533 (Cal. 2014) Cited 88 times
Finding that where a defendant is convicted of committing oral copulation on an unconscious victim under § 288a, subd. (f), as well as committing the same sex act on an intoxicated victim under § 288a, subd., the two subdivisions set forth different circumstances under which a single act of oral copulation can be committed and are not clearly divisible distinct acts
People v. Fenderson
188 Cal.App.4th 625 (Cal. Ct. App. 2010) Cited 96 times
Concluding there was substantial evidence of larceny but also upholding conviction on theory of embezzlement when the trial court did not instruct the jury on embezzlement
Section 28
Cal. Const. art. I § 28 Cited 2,121 times
Granting crime victims the right "[t]o reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present"
Rule 8.1110 - Partial publication
Cal. R. 8.1110 Cited 2,327 times
(a)Order for partial publication A majority of the rendering court may certify for publication any part of an opinion meeting a standard for publication under rule 8.1105. (Subd (a) amended effective January 1, 2007.) (b) Opinion contents The published part of the opinion must specify the part or parts not certified for publication. All material, factual and legal, including the disposition, that aids in the application or interpretation of the published part must be published. (c) Construction For
Rule 8.1105 - Publication of appellate opinions
Cal. R. 8.1105 Cited 2,089 times
(a)Supreme Court All opinions of the Supreme Court are published in the Official Reports. (b)Courts of Appeal and appellate divisions Except as provided in (e), an opinion of a Court of Appeal or a superior court appellate division is published in the Official Reports if a majority of the rendering court certifies the opinion for publication before the decision is final in that court. (Subd (b) amended effective July 23, 2008; adopted effective April 1, 2007.) (c)Standards for certification An opinion
Rule 8.500 - Petition for review
Cal. R. 8.500 Cited 337 times
(a)Right to file a petition, answer, or reply (1) A party may file a petition in the Supreme Court for review of any decision of the Court of Appeal, including any interlocutory order, except the denial of a transfer of a case within the appellate jurisdiction of the superior court. (2) A party may file an answer responding to the issues raised in the petition. In the answer, the party may ask the court to address additional issues if it grants review. (3) The petitioner may file a reply to the answer
Rule 4.410 - General objectives in sentencing
Cal. R. 4.410 Cited 205 times
(a)General objectives of sentencing include: (1) Protecting society; (2) Punishing the defendant; (3) Encouraging the defendant to lead a law-abiding life in the future and deterring him or her from future offenses; (4) Deterring others from criminal conduct by demonstrating its consequences; (5) Preventing the defendant from committing new crimes by isolating him or her for the period of incarceration; (6) Securing restitution for the victims of crime; (7) Achieving uniformity in sentencing; and
Rule 2.251 - Electronic service
Cal. R. 2.251 Cited 15 times
(a)Authorization for electronic service When a document may be served by mail, express mail, overnight delivery, or fax transmission, the document may be served electronically under Code of Civil Procedure section 1010.6, Penal Code section 690.5, and the rules in this chapter. For purposes of electronic service made pursuant to Penal Code section 690.5, express consent to electronic service is required.[]= (Subd (a) amended effective January 1, 2022; previously amended effective January 1, 2007
Rule 8.71 - Electronic filing
Cal. R. 8.71
(a) Mandatory electronic filing Except as otherwise provided by these rules, the Supreme Court Rules Regarding Electronic Filing, or court order, all parties are required to file all documents electronically in the reviewing court. (Subd (a) amended effective January 1, 2020.) (b)Self-represented parties (1) Self-represented parties are exempt from the requirement to file documents electronically. (2) A self-represented party may agree to file documents electronically. By electronically filing any

PEOPLE v. VIDANA

24 Cited authorities

Holding that the defendant must renew a motion for a change of venue after voir dire to preserve the issue for appeal

Holding that a trial court's discretion under Cal.Penal Code § 17(b) to reduce a "wobbler" offense is not eliminated by the Three Strikes law but is reviewable

Finding no prejudice where brief comment by prosecutor appealing to sympathy of jurors was mild and not repeated

Holding the defendant could pursue claim that trial court imposed a punishment more severe than that specified in her plea agreement without obtaining certificate of probable cause, and concluding that the defendant must be allowed to withdraw plea

Finding insufficient evidence to sustain conviction of attempted oral copulation, but affirming convictions and capital sentence in other respects

In People v. Williams (2013) 57 Cal.4th 776 (Williams), the California Supreme Court explained that "theft by false pretenses, unlike larceny, has no requirement of asportation.

In Whitmer involving the dealership manager, and other cases Bailey had relied upon but distinguished, the defendant had committed similar, but separate and distinct, fraudulent acts.

Holding that "a defendant who takes an item from a store display with the intent to claim its ownership and restore it only on condition that the store pays him a `refund' must be deemed to intend to permanently deprive the store of the item within the meaning of the law of larceny"

Concluding there was substantial evidence of larceny but also upholding conviction on theory of embezzlement when the trial court did not instruct the jury on embezzlement

Granting crime victims the right "[t]o reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present"