March 27, 2008 Reasonable Doubts

SENTENCING - CUNNINGHAM

People v. French (Ca. Sup. Ct., 3/27/08, S148845) 08 CDOS 3530

Defendant who entered guilty plea could still challenge validity of sentence without certificate of probable cause. No objection required to preserve Blakely/Cunningham issue when Blakely had not been decided, and defendant had waived right to jury trial on substantive offenses but not on aggravating circumstances. By entering into plea that included upper term as maximum, defendant did not implicitly admit that conduct would support that term. Stipulation to factual basis as described by prosecutor was not an admission, especially as it was defense counsel who stipulated, and was very careful to say that the witnesses would testify to what the DA said. Error not harmless beyond reasonable doubt. Remanded for Sandoval sentencing.



JURY SELECTION - FORFEITURE OF CHALLENGE

People v. Wilson (Ca. Sup. Ct., 3/27/08, S070327) 08 CDOS 3537

Defendant forfeited claim of wrongful denial of cause challenges by failing to object to final composition of jury, even though counsel did exhaust peremptory challenges.



SPEEDY TRIAL - TRUMPS JOINT TRIAL PREFERENCE

People v. Sutton (CA 2nd, 3/26/08, B195337) 08 CDOS 3559

Unavailability of codefendant's trial counsel was not good cause to continue trial beyond PC 1382 time. Defendant prejudiced by delay because case had been dismissed once and this second dismissal would have barred retrial.



WHITE COLLAR CRIMES - FALSE FINANCIAL STATEMENTS

Akhlaghi v. Superior Court (People) (CA 4th, 3/26/08, G038800) 08 CDOS 3582

Submitting false social security numbers to help car dealer clients get credit is not violation of PC 532a(1)which penalizes a knowing "false statement in writing... respecting the financial condition, or means or ability to pay, of himself, or any other person... ."



PAROLE - TIME IN EXCESS OF BASE TERM

In re Bush (CA 1st, 3/26/08, A119085) 08 CDOS 3416

When parole board determines parolee is suitable for parole, it must calculate base term for offense. Even though time served exceeds base term, extra time is not credited against parole period.



PAROLE - PAROLE BOARD ABUSE OF DISCRETION

In re Singler (CA 3rd, 3/26/08, C054634) 08 CDOS 3450

Board's finding that parolee was unsuitable was not supported by evidence presented at hearing.



AIDING AND ABETTING - NO NATURAL CONSEQUENCE

People v. Leon (CA 4th, 3/25/08, D048304) 08 CDOS 3468

Witness intimidation was not natural and probable consequence of burglary or weapon possession, so defendant could not be convicted on aiding and abetting theory.



SENTENCING - NO DUTY ON COURT TO FIND ADDITIONAL FACTS

People v. Lee (CA 5th, 3/25/08, F052081) 08 CDOS 3481

Court did not abuse discretion in refusing to strike prior on defendant's Romero motion based on defendant's character and background, when counsel did not present any evidence and defendant did not ask court to consider background. Court had no duty to gather and consider evidence not presented to it.