prior convictions

2 opinions tagged “prior convictions”

May 4, 2026 Court of Appeal, Second Appellate District, Division Eight

P. v. Moss 5/4/26 CA2/8

The Rule of People v. Moss is that a trial court may reimpose an upper term sentence during Penal Code section 1172.75 resentencing without additional jury findings or defendant stipulation to aggravating factors, under circumstances where the defendant was originally sentenced to an upper term.

January 28, 2026 Court of Appeal, Fourth Appellate District, Division One

P. v. Gomez 1/28/26 CA4/1

The Rule of People v. Gomez is that use of animal imagery in criminal proceedings does not violate the Racial Justice Act when the animal reference is benign, endearing, and used solely to explain legal concepts rather than to dehumanize or exhibit racial bias, under circumstances where an objective observer would understand the comparison relates to the state of evidence rather than character traits.

criminal Racial Justice Act circumstantial evidence vehicle theft conspiracy receiving stolen property sentencing prior convictions strike priors forfeiture ineffective assistance of counsel jury instructions appeal procedure