Court of Appeal

    On February 5, 2015, in the Case of People v. Cook, the California Supreme Court used the published opinion in my case, People vs H., hence the Court of Appeal ordered all of the enhancement allegations dismissed. 

     From filed motion (….When a defendant is convicted of a crime, the sentence for that crime may sometimes be enhanced if the defendant “personally inflicts great bodily injury on any person.” (Pen. Code, § 12022.7, subd. (a).)1 Defendant was convicted of three counts of gross vehicular manslaughter. We must decide whether the sentence for the gross vehicular manslaughter of one victim may be enhanced for defendant‟s infliction of great bodily injury on other victims. The question requires us to interpret section 12022.7, subdivision (g), which provides that the....)

The California Supreme Court then went on to cite the H. case:

      From court's decision (“….The most recent case to consider this question is H. v. Superior Court (2014) 225 Cal.App.4th 268 (H.). There, the defendant was involved in an accident in which three persons were killed. He was charged with three counts of vehicular manslaughter while intoxicated (§ 191.5, subd. (b)), one count for each of those who died. Each of the three counts included two great bodily injury enhancement allegations under section 12022.7, one each for the other two deceased victims, for a total of six great bodily injury allegations. In a pretrial writ matter, the Court of Appeal ordered all of the enhancement allegations dismissed.).

  • What is an Appeal?

    When arrests are made trials are done and convictions take place, neither the convicted, nor his lawyer are pleased. This is when the convicted and his family thinks about Court of Appeals.

    Appeal is a request to a higher Court (appellate) Court to review and change the decision of a lower court. The defendant may challenge the conviction itself or may appeal the trial court's sentencing decision without actually challenging the underlying conviction. Usually that's not the case. I have done this many times, and many times, the story below testimonial to my ability as Appellate Lawyer

    Court of Appeal in Santa Ana handed me a win on April 2, 2014, after months of litigation in the J. H. case in a published opinion; not all opinions are published by the Court of Appeal