Div. Five of this district’s Court of Appeal has held that an indigent defendant seeking relief from criminal convictions, on the ground that he was not properly advised of the immigration consequences of being found guilty, is entitled to an appointed attorney to represent him at the evidentiary hearing regardless of whether he is present in court or unable to appear due to being detained pursuant to deportation proceedings.

A crime victim whose stolen car was totaled by the defendant was entitled to receive from him $6,000 for repairs to the vehicle effected a month before the offense took place, Div. One of the First District Court of Appeal has held.

A divided California Supreme Court held yesterday, in a 4-3 decision, that, for all non-final judgments, whether a prior conviction for a gang-related offense will qualify as a “strike” depends on current statutory definitions enacted in 2022 to narrow what counts as a criminal street enterprise and related activities.

(Subscription required) In a rare 4-3 split, the state Supreme Court ruled that prior convictions must qualify as serious felonies under current law to enhance sentences under the Three Strikes Law. Chief Justice Patricia Guerrero dissented, warning the decision undermines voter intent and wipes out longer terms for repeat offenders.