Infractions - failure to bring accused to trial on time
People v. Benhoor (2nd Dist., 9/24/09, B212593) ___ Cal.App.4th ___
Defendant charged with speeding (an infraction) had right to trial de novo within 45 days, but remedy was not dismissal of infraction. By electing the convenience of trial by written declaration, a defendant waives statutory speedy trial rights. No waiver of constitutional rights, but here delay was only 12 days long and defendant did not show prejudice.
Resisting arrest - campus security officer is not public officer
In re M.M. (4th Dist., 9/24/09, E045714) ___ Cal.App.4th ___
Conviction for violating Penal Code section 148 was not supported by substantial evidence because a campus security officer is not a public officer. (See In re Eddie D. (1991) 235 Cal.App.3d 417.)
Robbery - "inside job" - innocent employees
People v. Smith (1st Dist., 9/29/09, A118208) ___ Cal.App.4th ___
Even if robbery was "inside job" arranged by store owner, taking from innocent employees supported robbery conviction.
Sex registration - voluntary sodomy
People v. Thompson (1st Dist., 9/29/09, A123269) ___ Cal.App.4th ___
Mandatory sex registration following conviction for sodomy with 17-year old violates equal protection. Matter remanded to determine whether defendant is subject to discretionary registration under Penal Code section 290.006. (See People v. Hofsheier (2006) 37 Cal.4th 1185.)
People v. Benhoor (2nd Dist., 9/24/09, B212593) ___ Cal.App.4th ___
Defendant charged with speeding (an infraction) had right to trial de novo within 45 days, but remedy was not dismissal of infraction. By electing the convenience of trial by written declaration, a defendant waives statutory speedy trial rights. No waiver of constitutional rights, but here delay was only 12 days long and defendant did not show prejudice.
Resisting arrest - campus security officer is not public officer
In re M.M. (4th Dist., 9/24/09, E045714) ___ Cal.App.4th ___
Conviction for violating Penal Code section 148 was not supported by substantial evidence because a campus security officer is not a public officer. (See In re Eddie D. (1991) 235 Cal.App.3d 417.)
Robbery - "inside job" - innocent employees
People v. Smith (1st Dist., 9/29/09, A118208) ___ Cal.App.4th ___
Even if robbery was "inside job" arranged by store owner, taking from innocent employees supported robbery conviction.
Sex registration - voluntary sodomy
People v. Thompson (1st Dist., 9/29/09, A123269) ___ Cal.App.4th ___
Mandatory sex registration following conviction for sodomy with 17-year old violates equal protection. Matter remanded to determine whether defendant is subject to discretionary registration under Penal Code section 290.006. (See People v. Hofsheier (2006) 37 Cal.4th 1185.)
