-
People v K.P. (Santa Ana)
Court of Appeal Unanimous Reversal
Court of Appeal unanimously reverses jury's "true" finding
on a sentence enhancement alleging client had inflicted great bodily injury
upon the victim during the commission of a felony hit and run. Mr. Devore
successfully argued that although commonly called "hit and run",
the felony offense charged in Vehicle Code section 20002(a) should really
be called "fleeing the scene of an accident without performing certain
statutory duties (i.e. render necessary aid)". In this particular
case, Mr. Devore convinced the Court of Appeal the because the victim
was partially decapitated (and thus died) during the accident, the client's
act of fleeing the scene after the accident without rendering aid or calling
911 did not cause or aggravate the victim's injuries, as is required
by the statute. Because client had a prior strike conviction, the jury's
“true” finding on the great bodily injury enhancement caused
client to be sentenced to eight additional years in state prison beyond
what he normally would have received solely for the hit and run. Those
eight additional years were vacated on account of this ruling.
See link to story published in the OC Weekly.
-
People v S.F. – (Westminster and Newport Beach)
- Notable Results
Cases Dismissed
Client charged in two separate cases with violating restraining order.
Client confessed to three separate violations. BOTH CASES DISMISSED.
-
People v. A. H. (Fresno)
New Trial Ordered
Appellate Division unanimously reverses clients three misdemeanor convictions.
Mr. Devore, who became counsel on appeal, successfully argued that problems
with the court-provided audio recordings denied client due process and
a fair appeal.
ALL CONVICTIONS REVERSED. NEW TRIAL ORDERED.
-
People v. A.H. (Santa Ana)
- Notable Results
Case Dismissed
Client charged with Commercial Burglary and Using Stolen Credit Cards –
CASE DISMISSED.
-
People v. A.L. (Los Angeles)
New Sentencing Ordered
Court of Appeal unanimously agrees that four-year consecutive state prison
sentence imposed for a firearm enhancement after client convicted of assault
with a firearm must be stricken and the case remanded back to the trial
court for resentencing. Mr. Devore became counsel on appeal and filed
brief arguing that client was entitled to benefit from a change of law
that occurred after sentencing but while case was still active on appeal.
NEW SENTENCING ORDERED.
-
People v. A.M. (Santa Ana)
New Trial Ordered
Appellate Division unanimously reverses client’s convictions for
vandalism and trespass due to trial court’s unlawful restriction
of client’s constitutional right to cross-examination.
NEW TRIAL ORDERED
-
People v. A.P.
- Notable Results
Charges Reduced
Client charged with two codefendants with felony conspiracy and four additional
felony counts related to bookmaking. Client had prior “strike”.
All five counts reduced to misdemeanors, informal probation, client served
60 days house arrest.
-
People v. A.R. (Los Angeles)
Court of Appeal Unanimous Reversal
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. AB (Los Angeles)
New Sentencing Ordered
Appellate Division unanimously agrees that fine imposed after client’s
misdemeanor battery conviction was excessive. Mr. Devore became counsel
on appeal and filed brief arguing that client was entitled to benefit
from a change of law that occurred after being placed on probation. Appellate
Division agrees that in light of new law, the fine imposed by trial court
was excessive. Appellate Division ordered trial court to substantially
lower the fine in conformity with new sentencing guidelines.
NEW SENTENCING ORDERED.
-
People v. AD (Los Angeles)
Sentenced to New Lower Term
Court of Appeal unanimously strikes two-year state prison enhancement after
trial court found client to have been on bail for a pending felony case
at the time the current felony offense was committed. Mr. Devore became
counsel on appeal and filed brief arguing that the two-year consecutive
sentence could not be ordered as the “crime-bail-crime” enhancement
requires a conviction on both the primary and subsequent offense, not
just the current offense. Attorney General filed written concession agreeing
client’s sentence must be reduced by two years.
SENTENCE VACATED, CLIENT SENTENCED TO NEW, LOWER TERM.
-
People v. C.H. (Santa Ana)
- Notable Results
Case Dismissed
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. C.M. (Fullerton)
- Notable Results
Dismissal Granted
Client charged with residential burglary. MOTION TO DISMISS GRANTED.
-
People v. C.S. (San Diego)
Court of Appeal Unanimous Reversal
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. D.M. (Santa Ana)
- Notable Results
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)
- Notable Results
Case Dismissed
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. F.C. (Fullerton)
- Notable Results
Charges Reduced
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. G.B. (Santa Ana)
New Trial Ordered
Appellate Division unanimously reverses client’s 90-day jail sentence
and conviction for trespass due to error in jury instructions.
NEW TRIAL ORDERED
-
People v. GM (Santa Ana)
Case Reversed and Dismissed
Appellate Division unanimously reverses client’s DUI conviction.
Client convicted of fourth DUI after jury trial. Mr. Devore became counsel
on appeal and filed brief showing trial judge had violated client’s’
rights to due process, to counsel, and to a fair jury trial by unfairly
cutting off trial counsel’s closing argument without fair warning.
CONVICTION REVERSED, CASE DISMISSED AFTER RE-TRIAL ENDED IN HUNG JURY.
-
People v. H.H. – (Fullerton)
- Notable Results
Case Dismissed
Client charged with DUI and Hit and Run. CASE DISMISSED.
-
People v. H.N. (Santa Ana)
Avoided Deportation
Superior Court grants Petition for Writ of Error Coram Nobis. Client, a
native of Vietnam, was facing removal from United States due to 25-year
old felony convictions for Conspiracy to Commit Auto Tampering and Grand
Theft. Mr. Devore filed a writ petition arguing that case law established
several years prior to client’s guilty plea that there is no such
crime as Conspiracy to Commit Auto Tampering. Court agrees, vacates dismissed
client’s conspiracy conviction in the interests of justice and reduces
his grand theft conviction to a misdemeanor.
CLIENT AVOIDS DEPORTATION.
-
People v. I.V. – (Newport Beach)
- Notable Results
Charges Reduced
Client charged with felony receiving stolen property for selling $10,000
worth of stolen gold. Charges reduced to misdemeanor, no jail.
-
People v. J.V. (Santa Ana)
Not Guilty
Appellate Division unanimously reverses client's trespass conviction
and orders case dismissed without a retrial. Client, who had no previous
criminal record, had been placed on probation and ordered to perform 80
hours community service and pay a $1500 fine. Mr. Devore successfully
argued that the trial court committed multiple errors relating to jury
instructions, including misinstructing the jury on the intent require
to commit the offense, and refusing to define the term "occupy"
for purposes of the trespass statute, despite its multiple everyday dictionary
definitions. Mr. Devore further convinced the Appellate Division that
even if the jury had been correctly instructed, no reasonable jury could
have found client guilty, and in fact, the trial court erred by even letting
the case go to the jury, as it should have granted client's motion
to dismiss for lack of evidence at the conclusion of the People's case.
CONVICITON REVERSED, FINDING OF “NOT GUILTY” ENTERED
-
People v. J.Z. (Santa Ana)
Not Guilty
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. L.W. (LAX Court)
- Notable Results
Case Dismissed
Client’s vehicle was “t-boned” by another vehicle. Both
drivers claimed to have a green light. Client had a .08 blood alcohol
level. Other driver was sober. Mr. Devore successfully showed that the
accident was the other driver’s fault and that there were credibility
issues with the breath test. DUI charges dismissed.
CASE DISMISSED WHEN CLIENT COMPLETED TRAFFIC SCHOOL.
-
People v. M.B (Fullerton)
- Jury Trial Results
Not Guilty
Def charged with petty theft. NOT GUILTY.
-
People v. M.B. (Contra Costa / Martinez)
Appellate Division unanimously strikes lower court order requiring client
to register as a narcotics offender under Health and Safety Code section
11590. Court agrees with Mr. Devore that the law bars such order following
a misdemeanor conviction for possessing methamphetamine.
-
People v. M.H. - (Laguna Niguel)
- Jury Trial Results
Not Guilty
Def. charged with child abuse. NOT GUILTY.
-
People v. M.K. (Laguna Niguel)
- Jury Trial Results
Not Guilty
Def. charged with possession of drugs. NOT GUILTY.
-
People v. M.P. (Santa Ana)
Case Dismissed
Appellate Division unanimously reverses client’s possession of controlled
substance conviction. Client had plead guilty after trial court denied
his motion to suppress. Mr. Devore became counsel on appeal and filed
brief showing trial court was wrong on the law. Orange County District
Attorney filed written concession agreeing trial court was wrong and that
motion to suppress should have been granted.
CASE DISMISSED.
-
People v. M.R. (Santa Ana)
Released and Reinstated
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.
See link to story published on ESPN.com.
-
People v. M.S. – (West Covina)
- Notable Results
Charges Reduced
Client charged with .10 DUI. Charges reduced to wet reckless.
-
People v. P.A. (Fullerton)
- Jury Trial Results
Not Guilty
Def charged with 5 counts of grand theft. NOT GUILTY.
-
People v. P.Z. (Santa Ana)
- Notable Results
Case Dismissed
Client, a native of Iran, was facing removal from United States due to
20-year old felony firearm conviction. Mr. Devore filed a motion to vacate
under newly-enacted Penal Code section 1473.7. Motion to vacate granted
over District Attorney’s objection.
CASE DISMISSED
-
People v. R.A. (Newport Beach and Santa Ana)
- Notable Results
All Cases Dismissed
Client had been ordered deported over 15 years earlier due to substantial
criminal record. However, he had not physically removed from the United
States because of diplomatic disputes with his native Iran. Mr. Devore
filed three separate motions in two different courts under newly-enacted
Penal Code section 1473.7. All three cases reversed over District Attorney’s
objection.
ALL CASES DISMISSED
-
People v. R.B. (Lancaster)
Sentence Vacated
Superior Court grants Petition for Habeas Corpus and reduces client’s
sentence on multiple drug convictions from seven years to six years. Client
convicted of bringing methamphetamine into the jail on two separate occasions.
Client admitted many prior felony convictions. Mr. Devore became counsel
on appeal and researched client’s prior record. Mr. Devore filed
petition showing that one of client’s prior convictions had been
reduced to a misdemeanor two years before the current case occurred.
SENTENCE VACATED, CLIENT SENTENCED TO NEW, LOWER TERM.
-
People v. S.A. (Santa Ana)
Case Dismissed
Appellate Division unanimously reverses trial court, orders client's
motion to suppress two methamphetamine pipes granted, client's 70-day
jail sentence vacated, and her misdemeanor conviction for possession of
narcotics paraphernalia reversed and dismissed. Trial court had denied
client's pre-trial motion based on the "plain view doctrine".
Mr. Devore successfully convinced Appellate Division that the arresting
officer was only able to see the methamphetamine pipes in question because
he had unlawfully detained the client beforehand without reasonable articulable
suspicion to believe she was involved in criminal activity, thus depriving
client of her Fourth Amendment right to be free from unreasonable searches
and seizure.
MOTION TO SUPRESS ORDERED GRANTED. CASE DISMISSED.
-
People v. S.D. (Santa Ana)
New Trial Ordered
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.
NEW TRIAL ORDERED.
-
People v. S.G. (Riverside / Indio)
Case Dismissed
Appellate Division unanimously reverses client’s misdemeanor conviction
for trespass due to error in jury instructions. Case, which involved the
80-year old defendant being forcibly removed from the famous La Quinta
resort despite not doing anything wrong, turned on how the term “not
open to the general public” should be defined, as that term had
never been defined under the law for purposes of criminal trespass. Mr.
Devore successfully convinced the court that the definition of “not
open to the general public” given to the jury by the trial judge
violated the defendant’s constitutional rights.
NEW TRIAL ORDERED. CASE DISMISSED.
-
People v. S.K. (Laguna Niguel)
- Jury Trial Results
Case Dismissed
Def. charged with 2 counts of burglary and 1 count of vandalism. NOT GUILTY
on burglary counts, hung jury on vandalism, CASE DISMISSED.
-
People v. S.L. (Santa Ana)
- Notable Results
Case Dismissed
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. S.N. (LAX Court)
- Notable Results
Charges Reduced
Client charged with DUI after .09 breath test. Charges reduced to aiding
and abetting a speed contest.
-
People v. T.I. – (Laguna Niguel)
- Notable Results
Charges Reduced
Client charged with DUI, refusing blood alcohol test, and hit and run.
Case reduced to wet reckless.
-
People v. T.T. (Newport Beach)
- Notable Results
Case Dismissed
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)
- Notable Results
Case Dismissed
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. W.E. (Santa Ana)
New Trial Ordered
Appellate Division unanimously reverses client’s jail sentence and
conviction for possession of narcotics paraphernalia due to judge unlawfully
coercing client to plead guilty.
NEW TRIAL ORDERED.
-
RV v. DMV – (Santa Ana)
License Reinstated
Superior Court grants Petition for Writ of Mandate. Client’s driver’s
license had been suspended for 2-years due to his second DUI conviction
within the last 10 years. Mr. Devore was retained to appeal the DMV hearing
officer’s findings. Mr. Devore successfully argued that the police
officer’s written report was contradicted by the video evidence.
DMV order set aside over the objection of the Attorney General.
CLIENT’S DRIVER’S LICENSE REINSTATED
-
LL v. DMV - (Santa Ana)
License Reinstated
Superior Court grants Petition for Writ of Mandate. Client’s driver’s
license had been suspended for two years due to his second DUI conviction
within the last 10 years. Mr. Devore was retained to appeal the DMV hearing
officer’s findings. Mr. Devore successfully argued that the police
officer’s written report was contradicted by the video evidence.
DMV order set aside over the objection of the Attorney General.
CLIENT’S DRIVER’S LICENSE REINSTATED
-
People v E.K. – (Los Angeles)
Case Reversed New Trial Ordered
Appellate Division unanimously reverses client’s vandalism conviction.
Court agrees with Mr. Devore’s argument that client was denied due
process and a fair trial when it refused to instruct the jury with certain
instructions amounting to an affirmative defense.
CASE REVERSED. NEW TRIAL ORDERED.