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Recent Blog Posts
Man faces California three strikes law for theft of gloves
Prosecutors alleged the man placed a pair of gloves and some wire in his waistband at a Home Depot store in Lake Elsinore in 2009. A witness testified that the man pulled his sweatshirt over his waist line and then left the store with the items still in his waistband.
The defendant exercised his right to testify in his own defense at trial. The 44-year-old told the jury he intended to steal the items, but changed his mind before leaving the store. The defendant told the jury that he turned around inside the store.
The jury deliberated for only fifteen minutes before rendering its guilty verdict to felony level petty theft. The jury was not aware that prosecutors are seeking the 30 years to life sentence under the three strikes law. Jurors are not allowed to consider the potential sentencing that could be imposed in they render a guilty verdict.
The Lake Elsinore man reportedly has three California burglary convictions on his record dating from 1991.
Federal appeals court reverses three strikes sentence for South Bay man
In 1999, the man again faced a California DUI charge. A jury convicted the man of the charge at trial. The Santa Clara County judge in the case sentenced the man in 1999 to 30 years to life under California's three strikes law. The judge relied on the two prior DUI convictions as the first two strikes. The California Court of Appeals affirmed the conviction and the California Supreme Court denied review.
The U.S. Court of Appeals for the Ninth Circuit reversed the lower courts concluding that the judge made additional findings of fact regarding the prior convictions in violation of the South Bay man's due process rights. The U.S. Supreme Court has issued a number of decisions spanning more than a decade regarding a defendant's right to a jury.
At the 1999 sentencing, the prosecutor submitted documents to the court while arguing that the 1993 convictions should serve as two strikes. At issue was the conviction for inflicting bodily injury. The federal appeals court determined the trial judge found facts beyond the scope of the mere fact that the man had a previous conviction.
Teen arrested for suspicion of felony DUI in Brisbane, California
An 18-year-old man from South San Francisco has been arrested and faces felony DUI charges related to an alleged fatal car accident on Saturday morning. The car accident reportedly occurred around 3:20 a.m. on highway 101 in Brisbane.
The 18-year-old reportedly had gone to a bowling alley and a private party with friends on Friday night. The group of teens reportedly had all been drinking before they got into a Toyota registered to the 18-year-old's mother. While traveling toward South San Francisco on Highway 101, the group of teens reportedly was talking about the music playing on the radio.
Traffic was snarled on 101 from an accident that had occurred earlier in the wee morning hours. The 18-year-old driver is believed to have looked up at the last second as the Toyota approached the traffic snarl. The 18-year-old reportedly attempted to avoid the traffic and swerved across two lanes. The Toyota allegedly slammed into the rear of another car on the highway.
California couple pleads no contest in endangerment, DWI case
The police conducted a traffic stop. The officer identified the driver as a 54-year-old San Carlos man who was reportedly driving on a suspended license for a prior California DUI conviction. Also in the vehicle were the driver's 43-year-old wife and four children ranging in age from two to eight. Law enforcement says the wife had a restraining order against the man.
San Mateo County prosecutors say that police found 14 empty beer cans and an empty bottle of rum scattered throughout the family van. Police asked the two adults to step out of the vehicle. Law enforcement says both adults had difficulty standing when they got out of the vehicle.
The driver reportedly had a blood alcohol level of .25 and the wife reportedly measured .24 BAC. Prosecutors say the family spent part of the day at Half Moon Bay. The parents reportedly drank while at the beach. One of the children reportedly told police that after the family left the beach, the driver pulled over on two occasions to drink more beer.
Felony DUI charge follows alleged accident at Pacifica bar
A 49-year-old Daly City woman was arrested over the weekend after an alleged incident at a Pacifica bar. The woman faces a felony DUI charge after she allegedly crashed into the establishment around 2:30 a.m. The tavern was closed at the time of the alleged incident; however several people were reportedly standing outside the bar just after closing time.
Police say the woman had been drinking at the bar earlier in the night. Police claim that the woman went from table to table just before the bar closed and consumed the left over drinks that had been left behind by other patrons.
Law enforcement claims that after the woman left the establishment, she got in her truck and attempted to back out of her parking spot. Police say the woman ran into a group of people outside the bar, causing injuries. One person reportedly became pinned between the pickup truck and the establishment in the alleged incident. Several people, including the 49-year-old woman reportedly were taken to the hospital for treatment of non-life threatening injuries.
California Soda Maker to Manufacture Legal Marijuana Soda
Public views on marijuana and the laws regulating the herbal substance are constantly changing. The debate about marijuana and its effects have caused states and legislatures all over the country to reconsider legalizing the drug. Some states already have - in the form of medical marijuana. Since medical marijuana became lawful (and popular), manufacturers are coming up with alternative ways to produce the product.
Marijuana soda is the latest craze that will soon hit market shelves. Manufactured by a California soda maker in Soquel, California, Canna Cola (as it will be called) will reach medical marijuana dispensaries in Colorado in just a few months.
The manufacturer says the new soda line will include the "flagship cola drink Canna Cola, Dr-Pepper-like Doc Week, the lemon-lime Sour Diesel, the Grape Ape, and the Orange Kush." Each 12-ounce bottle will include 35-65 milligrams of tetrahydrocannabinoil (also known as TNC and the main ingredient in pot).
Los Angeles area officer arrested for filing false report
A Los Angeles school police officer allegedly falsely reported a shooting last week. The Los Angeles Times reports that a senior LAPD official says the school officer's protective bullet-proof vest appeared to have been hit by a bullet. The officer reportedly suffered bruises to his chest. Los Angeles Police reportedly locked down a 7-square-mile area in response to the reported shooting.
Authorities say that the school officer has been booked on a felony charge of filing a false police report. The story that the use of a deadly weapon had occurred prompted a massive police response in the west San Fernando Valley last week.
The school officer had claimed that he confronted a man who was allegedly trying to break into cars on the El Camino Real High School Campus. He claimed his vest took a single bullet. He said he was knocked back by the impact of the bullet and hit his head in the alleged January 19 shooting.
Loughner Arraigned On Attempted Murder Charges
U.S. District Court Judge Larry Burns from the Southern District of California has been appointed to hear the case. Judge Burns asked if the defendant was able to comprehend the proceedings. The defense declined to raise the issue at this time. The judge entered not guilty pleas on Loughner's behalf.
Additional charges may be filed in the matter. Six persons were killed in the alleged shootings and 13 people were wounded. A grand jury continues to be involved in investigated evidence in the case. Prosecutors reportedly expect to file a superseding indictment in the next 30 to 45 days.
Prosecutors turned over evidence to the defense prior to yesterday's arraignment. The defense acknowledged receiving two discs from the prosecution. The discs reportedly contain hours of video retrieved from Loughner's home computer. Additionally, the defense reportedly received statements from witnesses to the alleged shootings.
The arraignment was held in Phoenix, due to publicity in the Tucson area where the alleged shootings occurred. Prosecutors requested the next hearing in the matter be held in Tucson to be closer to witnesses and people involved in the case. The defense did not object to the Tucson appearance, which is scheduled for March 9.
California High Court Allows Cell Phone Search After Arrest
The California Supreme Court recently issued a ruling that allows law enforcement to search the texts and other data stored on a cell phone without a warrant after an arrest. Cell phones are becoming more and more sophisticated as technology advances. The data stored on a cell phone may be free game to law enforcement after an arrest under the ruling.
The case stems from a 2007 Ventura County arrest. Police arrested the defendant in the case on suspicion of committing a California drug crime. After arresting the man, police found a cell phone that the defendant was carrying. Roughly 90 minutes after the arrest, an officer searched through text messages stored on the cell phone and found a text message that allegedly incriminated the defendant.
The message reportedly read "6 4 80." Police alleged the message related to the sale of six ecstasy pills for $80. The man later confessed to the drug deal. The defendant challenged the admissibility of the evidence in court on the basis that the warrantless search was illegal.
Freedom: Judge Throws Out Wrongful California Murder Convictions
18 years ago, a San Francisco man went to prison after a conviction for his alleged involvement in a drive-by shooting. Two people died in the Hunter's Point shooting. The San Francisco man stood trial and was convicted. For the San Francisco man, it was a long journey to justice. On Wednesday, the 40-year-old dressed in all white and donned a big smile as he strode out into the California sun.
Cheers erupted as the man tasted freedom. Family and supporters approached to give the man hugs. When asked what he would do with his new found freedom, he answered simply, "Take it one day at a time." The 40-year-old gained his freedom after a judge found that police suppressed evidence in the trial 18 years ago and paid a witness to lie on the stand. The judge threw out the two California murder convictions against the man.
The judge found that the lead homicide inspector was involved in suppressing the evidence in 1989 and was aware of the secret payoff made to a witness in the case. Frank Jordan was San Francisco Police Chief in 1989. He was surprised that police watched as paid witnesses provided perjury in the case. He says of the 18 years the man spent wrongfully serving a prison sentence, "there's no way that time can be replaced."
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