49 Cited authorities

People v. Mitchell
26 Cal.4th 181 (Cal. 2001) Cited 2,465 times
Noting that a certified abstract of judgment "constitutes the commitment" and serves as "the process and authority for carrying the judgment and sentence into effect"
People v. Rivera
233 Cal.App.4th 1085 (Cal. Ct. App. 2015) Cited 1,043 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
Department of Revenue v. ACF Industries, Inc.
510 U.S. 332 (1994) Cited 225 times 3 Legal Analyses
Holding railroads could not challenge as discriminatory a generally applicable property tax to which some non-railroad property, but not railroad property, was exempted
Dyna-Med, Inc. v. Fair Employment Housing Com
43 Cal.3d 1379 (Cal. 1987) Cited 888 times
Holding that the statute did not extend to cover remedies that were “different in kind from the enumerated remedies,” because “ more reasonable reading of the phrase ‘including, but not limited to,’ ... permitting only additional corrective remedies comports with the statutory construction doctrines of ejusdem generis, expressio unius est exclusio alterius and noscitur a sociis.”
People v. Saunders
5 Cal.4th 580 (Cal. 1993) Cited 670 times
Detailing California approach, since 1874, of permitting stipulation and, more recently, of also permitting bifurcation
People v. Avery
27 Cal.4th 49 (Cal. 2002) Cited 377 times
Allowing courts to look to the entire record of conviction to determine whether the out-of-state conduct constitutes a "serious felony" under Three Strikes
People v. Superior Court (Pearson)
48 Cal.4th 564 (Cal. 2010) Cited 238 times 3 Legal Analyses
Rejecting district attorney's argument that "the Legislature's use of the word ‘defendant’ rather than ‘petitioner’ in section 1054.9," demonstrated that the Legislature was not "creat[ing] discovery in a separate habeas corpus matter"
People v. Jones
25 Cal.4th 98 (Cal. 2001) Cited 278 times
Holding that defendant should have received a single life sentence—as opposed to three consecutive sentences—for vaginally and anally raping victim and forcing her to orally copulate him in the backseat of a car during the span of one-and-a-half hours
People v. Cruz
13 Cal.4th 764 (Cal. 1996) Cited 287 times
Holding that burglary of an inhabited vessel constituted burglary of "an inhabited dwelling house"
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. FRANCO

49 Cited authorities

Noting that a certified abstract of judgment "constitutes the commitment" and serves as "the process and authority for carrying the judgment and sentence into effect"

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 railroads could not challenge as discriminatory a generally applicable property tax to which some non-railroad property, but not railroad property, was exempted

Detailing California approach, since 1874, of permitting stipulation and, more recently, of also permitting bifurcation

Allowing courts to look to the entire record of conviction to determine whether the out-of-state conduct constitutes a "serious felony" under Three Strikes

Rejecting district attorney's argument that "the Legislature's use of the word ‘defendant’ rather than ‘petitioner’ in section 1054.9," demonstrated that the Legislature was not "creat[ing] discovery in a separate habeas corpus matter"

Holding that defendant should have received a single life sentence—as opposed to three consecutive sentences—for vaginally and anally raping victim and forcing her to orally copulate him in the backseat of a car during the span of one-and-a-half hours

Holding that burglary of an inhabited vessel constituted burglary of "an inhabited dwelling house"

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