37 Cited authorities

Apprendi v. New Jersey
530 U.S. 466 (2000) Cited 26,616 times 100 Legal Analyses
Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”
Romer v. Evans
517 U.S. 620 (1996) Cited 1,257 times 13 Legal Analyses
Holding unlawful a state law that precluded local ordinances from protecting homosexuals from discrimination because it "seems inexplicable by anything but animus toward the class it affects"
People v. Rivera
233 Cal.App.4th 1085 (Cal. Ct. App. 2015) Cited 1,042 times
Noting Proposition 47 became effective in November 2014
People v. Superior Court (Alvarez)
14 Cal.4th 968 (Cal. 1997) Cited 1,374 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
Wygant v. Jackson Board of Education
476 U.S. 267 (1986) Cited 502 times 7 Legal Analyses
Holding that a contractual provision in a collective bargaining agreement, which "operate[d] against whites and in favor of certain minorities," violated the Equal Protection Clause
In re Estrada
63 Cal.2d 740 (Cal. 1965) Cited 4,246 times
Holding that a defendant "is entitled to the ameliorating benefits of the statutes as amended" if "the amendatory statute lessening punishment becomes effective prior to the date the judgment of conviction becomes final"
People v. Sherow
239 Cal.App.4th 875 (Cal. Ct. App. 2015) Cited 593 times
Holding that under Proposition 47 the petitioner has the "burden of showing that he or she is eligible for resentencing of what was an otherwise valid sentence"
People v. Hofsheier
37 Cal.4th 1185 (Cal. 2006) Cited 663 times 1 Legal Analyses
Finding an equal protection violation as to a defendant convicted of oral copulation with a 16 year old
Cooley v. Superior Court
29 Cal.4th 228 (Cal. 2002) Cited 653 times
Adopting the same standard of appellate review of the trial court's probable cause determination
Johnson v. Department of Justice
60 Cal.4th 871 (Cal. 2015) Cited 366 times
Holding mandatory sex offender registration for defendants convicted of nonforcible oral copulation by an adult over 21 years with a person under 16 years of age [§ 288a, subd. (b)(2)] does not violate the state or federal equal protection clauses, and overruling the rational basis test set forth in People v. Hofsheier 37 Cal.4th 1185
Section 10
Cal. Const. art. II § 10 Cited 799 times 1 Legal Analyses
Forbidding the Legislature from amending enactments made by voter initiative if the amendments are inconsistent with said initiative

PEOPLE v. PAGE (To be called and continued to the September 2017 calendar.)

37 Cited authorities

Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”

Holding unlawful a state law that precluded local ordinances from protecting homosexuals from discrimination because it "seems inexplicable by anything but animus toward the class it affects"

Noting Proposition 47 became effective in November 2014

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

Holding that a contractual provision in a collective bargaining agreement, which "operate[d] against whites and in favor of certain minorities," violated the Equal Protection Clause

Holding that a defendant "is entitled to the ameliorating benefits of the statutes as amended" if "the amendatory statute lessening punishment becomes effective prior to the date the judgment of conviction becomes final"

Holding that under Proposition 47 the petitioner has the "burden of showing that he or she is eligible for resentencing of what was an otherwise valid sentence"

Finding an equal protection violation as to a defendant convicted of oral copulation with a 16 year old

Adopting the same standard of appellate review of the trial court's probable cause determination

Forbidding the Legislature from amending enactments made by voter initiative if the amendments are inconsistent with said initiative