Appeals

People v. M.R. (Santa Ana) - Court of Appeal unanimously rules to reverse client's 13-year sentence for probation violations arising from client’s previous convictions for drug sales-related offenses. Court of Appeal holds that client, an ex-NFL star, for whom legendary coach Mike Ditka testified, was denied his 14th Amendment right to fundamental fairness and due process. Client ordered released from state prison and reinstated on probation. See link to story published in the Orange County Register.

People v. J.Z. (Santa Ana) - Court of Appeal unanimously rules to reverse client's 4-year sentence and conviction for felony residential burglary involving $30,000 worth of jewelry due to judge’s error in failing to modify standard jury instructions to reflect the circumstances of this particular case wherein the co-defendant, who had already plead guilty in exchange for probation, testified that the client was innocent.

People v. A.R.  (Los Angeles)  - Court of Appeal unanimously reverses client’s 37-year sentence and conviction for gang-related attempted murder due to error in jury instructions.

People v. C.S. (San Diego) – Court of Appeal unanimously reverses client’s 10-year sentence and convictions for possession of drugs and stolen credit cards due to unlawful search and seizure.

People v. S.D. (Santa Ana) – Appellate Division unanimously reverses client's jail sentence and five misdemeanor convictions related to impersonating a police officer and resisting arrest. Appellate Division rules that trial court violated client's constitutional rights to due process and trial by jury.

People v. G.B. (Santa Ana) – Appellate Department unanimously reverses client’s 90-day jail sentence and conviction for trespass due to error in jury instructions.

People v. W.E. (Santa Ana) – Appellate Department unanimously reverses client’s jail sentence and conviction for possession of narcotics paraphanelia due to judge unlawfully coercing client to plead guilty.

People v. A.M. (Santa Ana) – Appellate Department unanimously reverses client’s convictions for vandalism and trespass due to trial court’s unlawful restriction of client’s constitutional right to cross-examination.

Notable Results

People v. D.M. (Santa Ana) –Client, a professional hockey player and former collegiate All-American indicted by Grand Jury on multiple counts of raping Newport Beach woman.  MOTION TO DISMISS INDICTMENT GRANTED DUE TO DISTRICT ATTORNEY WITHHOLDING EXCULPATORY EVIDENCE FROM THE GRAND JURY. In dismissing case the court rules that the Grand Jury would not have indicted the client, had the District Attorney not withheld information in the government’s possession which seriously undermined the credibility of the alleged victim and her witness / friends.   

People v. E.R. (Santa Ana) Client charged with possessing heroin for sale after police searched her house pursuant to a search warrant.  MOTION TO DISLCOSE CONFIDENTIAL INFORMANT GRANTED.  CASE DISMISSED WHEN DISTRICT ATTORNEY REFUSES TO OBEY COURT ORDER.

People v. T.T. (Newport Beach) - Client charged with possession of burglary tools after probation search yielded master keys and key making equipment. Client confessed to making keys and attempting to break into storage units.  MOTION TO SUPRESS CONFESSION FOR FAILING TO ADVISE CLIENT OF MIRANDA RIGHTS GRANTED, CASE DISMISSED.

People v. V.L. – (Santa Ana) - Client charged with domestic violence-related vandalism for slashing ex-wife’s boyfriend’s car tires.  Client confessed to crime on video.  MOTION TO SUPRESS CONFESSION FOR BEING UNLAWFULLY RECORDED WITHOUT CLIENT’S KNOWLEDGE GRANTED, CASE DISMISSED.

People v S.F. – (Westminster and Newport Beach) – Client charged in two separate cases with violating restraining order.  Client confessed to three separate violations.  BOTH CASES DISMISSED.

People v. C.M. (Fullerton) – Client charged with residential burglary.  MOTION TO DISMISS GRANTED.

People v. C.H. (Santa Ana) – Client stopped for traffic violation, charged with possession of methamphetamine for sale.  MOTION TO SUPPRESS EVIDENCE DUE TO ILLEGAL POLICE SEARCH GRANTED, CASE DISMISSED.

People v. S.L.  (Santa Ana) –Client indicted by Grand Jury on charges of Conspiracy to Make a False Financial Statement and Making a False Financial Statement to Obtain Credit.  MOTION TO DISMISS INDICTMENT FOR INSUFFICIENT EVIDENCE GRANTED, CASE DISMISSED.

People v. A.H. (Santa Ana) – Client charged with Commercial Burglary and Using Stolen Credit Cards – CASE DISMISSED.

People v. H.H. – (Fullerton) – Client charged with DUI and Hit and Run.  CASE DISMISSED.

People v. F.C. (Fullerton) – Client charged with residential burglary while armed with a firearm.  Charges reduced and client sentenced to 35 days jail plus drug rehabilitation program.

People v. I.V. – (Newport Beach) – Client charged with felony receiving stolen property for selling $10,000 worth of stolen gold.  Charges reduced to misdemeanor, no jail.

People v. S.N. (LAX Court) – Client charged with DUI after .09 breath test.  Charges reduced to aiding and abetting a speed contest.

People v. T.I. – (Laguna Niguel) – Client charged with DUI, refusing blood alcohol test, and hit and run.  Case reduced to wet reckless.

People v. M.S. – (West Covina) – Client charged with .10 DUI. Charges reduced to wet reckless.

Jury Trial Results 

People v. P.A. (Fullerton)  - Def charged with 5 counts of grand theft. NOT GUILTY .

People v. M.H. - (Laguna Niguel) Def. charged with child abuse.  NOT GUILTY.

People v. M.K. (Laguna Niguel) - Def. charged with possession of drugs.  NOT GUILTY.

People v. M.B (Fullerton) - Def charged with petty theft.  NOT GUILTY.

People v. S.K. (Laguna Niguel) - Def. charged with 2 counts of burglary and 1 count of vandalism.  NOT GUILTY on burglary counts, hung jury on vandalism, CASE DISMISSED.