9 results for 'judge:"Earl"'.
J. Earl finds that the trial court properly held that statute allows a candidate to simultaneously run in primary elections for both a state assembly seat and a U.S. Congressional seat. The statute that limits a candidate to one race does not apply to all candidates, but only to the independent nomination of candidates subsequent to a primary election.
Court: California Courts Of Appeal, Judge: Earl, Filed On: April 9, 2024, Case #: C100304, Categories: Elections
[Modified.] J. Earl denies a rehearing and modifies the last paragraph of a previously published opinion with no change in judgment. The trial court must amend its commitment order to include a statement of the maximum term associated with each offense defendant was accused of before he was acquitted upon a finding of insanity. Based on the underlying maximum possible sentences, the commitment order will reflect an indeterminate term with a maximum of life. The life term of commitment does not violate his due process or equal protection rights since an insanity acquitee may be hospitalized based on a preponderance of evidence showing continued insanity or danger to the community. Affirmed in part.
Court: California Courts Of Appeal, Judge: Earl, Filed On: March 26, 2024, Case #: C095986, Categories: Sentencing, Battery, Commitment
J. Earl holds that the trial court must amend its commitment order to include a statement of the maximum term associated with each offense defendant was accused of before he was acquitted upon a finding of insanity. Based on the underlying maximum possible sentences, the commitment order will reflect an indeterminate term with a maximum of life. The life term of commitment does not violate his due process or equal protection rights since an insanity acquitee may be hospitalized based on a preponderance of evidence showing continued insanity or danger to the community. Affirmed in part.
Court: California Courts Of Appeal, Judge: Earl, Filed On: March 12, 2024, Case #: C095986, Categories: Sentencing, Battery, Commitment
J. Earl finds that the trial court properly denied a motion filed by one of 11 plaintiffs in the coordinated State Water Board Cases that sought to intervene all 11 cases. The coordinated cases are challenges to the State Water Resources Control Board's adoption of a water quality control plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary. The San Joaquin Tributaries Authority is not entitled to mandatory intervention, as it lacks either a property or transactional interest in the plan's flow and salinity objectives and it failed to show how any settlement would impair its ability to protect its interests. And permissive intervention would result in unnecessary participation that would further complicate a case that already has 55 names on the service list. Affirmed.
Court: California Courts Of Appeal, Judge: Earl, Filed On: December 13, 2023, Case #: C096511, Categories: Civil Procedure, Environment, Water
J. Earl finds the trial court properly convicted defendant by a no contest plea for possession of a firearm by a felon, receiving of a stolen vehicle and burglary. All evidence and defendant’s no-contest plea support the conviction. The judgment is modified to reduce the restitution award given defendant’s father, from whom defendant stole a mounted ram's head. Travel expenses included by the father are not allowed in the cost analysis of his having procured the head on a hunting trip. Affirmed as modified.
Court: California Courts Of Appeal, Judge: Earl, Filed On: October 25, 2023, Case #: C097431, Categories: Burglary, Firearms, Property
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J. Earl finds that the trial court was within its discretion to deny defendant's multiple requests to substitute counsel. Many of the requests were untimely, disputes with counsel about tactics were not irreconcilable, and any breakdowns of communication were caused by defendant. Also, defendant's 210-year sentence, with 80 years determinate, is not unconstitutional or disproportionate to his crimes. However, his sentence should be modified with an award of 534 days of presentencing custody and worktime credits. Affirmed as modified.
Court: California Courts Of Appeal, Judge: Earl, Filed On: September 25, 2023, Case #: C095100, Categories: Ineffective Assistance, Sentencing, Sex Offender
J. Earl finds that the trial court improperly convicted defendant on two counts of dissuading a witness. His repeated attempts to have his children lie to police about his firing a gun in their home were not attempts to induce them to provide false testimony. Also, the trial court should have instructed the jury on the elements of intent and gross negligence related to a count for grossly negligent discharge of a firearm, but the error was harmless. Reversed in part.
Court: California Courts Of Appeal, Judge: Earl, Filed On: September 19, 2023, Case #: C095560, Categories: Firearms, Witnesses, Child Victims
[Modified.] J. Earl replaces the phrase "borders on the ludicrous" with "is not persuasive" and denies a rehearing with no change in judgment. The trial court properly convicted a massage therapist on most of the 16 counts of sexual penetration and sexual battery against him. However, one count of sexual penetration was not supported by evidence, and two counts of sexual battery while unlawfully restraining the victim were supported by evidence, but the trial court should have instructed the jury on a lesser included offense of misdemeanor sexual battery, which lacks the restraint element. Reversed in part.
Court: California Courts Of Appeal, Judge: Earl, Filed On: September 18, 2023, Case #: C095414, Categories: Sex Offender
J. Earl finds that the trial court properly convicted a massage therapist on most of the 16 counts of sexual penetration and sexual battery against him. However, one count of sexual penetration was not supported by evidence, and two counts of sexual battery while unlawfully restraining the victim were supported by evidence, but the trial court should have instructed the jury on a lesser included offense of misdemeanor sexual battery, which lacks the restraint element. Reversed in part.
Court: California Courts Of Appeal, Judge: Earl, Filed On: September 6, 2023, Case #: C095414, Categories: Sex Offender