39 Cited authorities

  1. Freeman v. U.S.

    564 U.S. 522 (2011)   Cited 1,967 times   9 Legal Analyses
    Holding a term of imprisonment resulting from a Rule 11(c)(C) plea agreement is "based on" the guidelines for purposes of § 3582(c) when, inter alia, the agreement "provide for a specific term of imprisonment . . . but also make clear that the basis for the specified term is a Guidelines sentencing range" and "that sentencing range is evident from the agreement itself"
  2. United States v. Goodwin

    457 U.S. 368 (1982)   Cited 1,625 times   2 Legal Analyses
    Holding that the presumption of vindictiveness did not apply when the Government brought a felony indictment after the defendant refused to plead guilty to misdemeanor charges and demanded a jury trial
  3. People v. Cromer

    24 Cal.4th 889 (Cal. 2001)   Cited 749 times
    Holding that independent review standard applied to trial court's conclusion that prosecution used due diligence to locate missing witness “comports with this court's usual practice for review of mixed question determinations affecting constitutional rights”
  4. Johnson v. Department of Justice

    60 Cal.4th 871 (Cal. 2015)   Cited 369 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
  5. Evangelatos v. Superior Court

    44 Cal.3d 1188 (Cal. 1988)   Cited 538 times   3 Legal Analyses
    Holding that a measure, which modified the traditional, common law joint and several liability doctrine, did not apply to claims for relief that had accrued before the effective date of the new law
  6. Doe v. Harris

    57 Cal.4th 64 (Cal. 2013)   Cited 247 times
    Holding that plea agreements, which are governed by general contract principles, are " ‘ "deemed to incorporate and contemplate not only the existing law but the reserve power of the state to amend the law or enact additional laws" ’ " (quoting People v. Gipson, 117 Cal.App.4th 1065, 1070, 12 Cal.Rptr.3d 478, 481 (2004) )
  7. Dix v. Superior Court

    53 Cal.3d 442 (Cal. 1991)   Cited 441 times
    Construing § 1170, subd. (d)
  8. People v. Briceno

    34 Cal.4th 451 (Cal. 2004)   Cited 282 times
    Concluding section 1192.7, subdivision (c)'s reference to a felony “violation” of section 186.22 encompassed sentence enhancements under section 186.22, subdivision (b), and not just the felony “offense” of section 186.22
  9. Kavanaugh v. West Sonoma County Union High School Dist.

    29 Cal.4th 911 (Cal. 2003)   Cited 263 times
    In Kavanaugh v. West Sonoma County Union High School Dist. (2003) 29 Cal.4th 911, 919 [ 129 Cal.Rptr.2d 811, 62 P.3d 54], it held that a provision in that code must be interpreted "`"with reference to the whole system of law of which it is a part so that all may be harmonized and have effect.
  10. T.W. v. Superior Court (The People)

    236 Cal.App.4th 646 (Cal. Ct. App. 2015)   Cited 134 times
    Concluding Prop. 47 "clearly and unambiguously" applies to convictions obtained by guilty plea
  11. Section 211 - Robbery

    Cal. Pen. Code § 211   Cited 14,302 times   3 Legal Analyses
    Requiring taking of personal property of another
  12. Section 288 - Lewd or lascivious act upon child under age of 14 years

    Cal. Pen. Code § 288   Cited 9,313 times   1 Legal Analyses
    Defining crime of conviction
  13. Section 1385 - Dismissal of enhancements

    Cal. Pen. Code § 1385   Cited 7,990 times
    Allowing a court to dismiss charges against a defendant "in the interests of justice"
  14. Section 1170.18 - Petition for resentencing for conviction of nonserious or nonviolent crimes

    Cal. Pen. Code § 1170.18   Cited 3,549 times
    Codifying Proposition 47
  15. Section 1170.126 - Resentencing provisions for persons serving indeterminate term of life imprisonment

    Cal. Pen. Code § 1170.126   Cited 1,985 times
    Codifying Proposition 36 § 6
  16. Section 18 - Punishment for felony

    Cal. Pen. Code § 18   Cited 718 times
    Providing a penalty of 16 months, two years, or three years' imprisonment
  17. Rule 8.520 - Briefs by parties and amici curiae; judicial notice

    Cal. R. 8.520   Cited 3,160 times

    (a)Parties' briefs; time to file (1) Within 30 days after the Supreme Court files the order of review, the petitioner must serve and file in that court either an opening brief on the merits or the brief it filed in the Court of Appeal. (2) Within 30 days after the petitioner files its brief or the time to do so expires, the opposing party must serve and file either an answer brief on the merits or the brief it filed in the Court of Appeal. (3) The petitioner may file a reply brief on the merits or