Arthur Gilbert

People v. Newton

California Court of Appeal · 2010-10-18

The case involved defendant Green Newton, who was convicted of two counts of selling cocaine and received two three-year sentencing enhancements under Health and Safety Code section 11370.2 based on his 2007 prior convictions for possession for sale and transportation of a controlled substance. Newton argued that one enhancement was improper because the sentence on the corresponding prior count had been stayed under Penal Code section 654, which bars multiple punishment for the same act. The Court of Appeal affirmed the trial court's imposition of both enhancements, holding that section 11370.2 applies to prior convictions regardless of whether they resulted in imprisonment and that section 654 does not shield a defendant from enhancements based on stayed convictions when the enhancement statute does not reference it. The court reasoned that the plain language of the enhancement statute and precedent interpreting similar provisions allow use of the prior conviction for enhancement purposes even if punishment was stayed.

criminal law

People v. Moore

California Court of Appeal · 2010-08-23 · cited 73×

The case involved defendant Hal Lee Moore, who drove at excessive speeds through city streets, ran a red light, and collided with other vehicles, killing one person and injuring another before fleeing the scene and resisting arrest. A jury convicted him of second degree murder based on implied malice, along with vehicular manslaughter and other charges, resulting in a sentence of 15 years to life. Moore appealed, arguing insufficient evidence for the murder conviction and improper admission of his prior DUI conviction. The court affirmed the convictions, holding that the facts demonstrated the defendant's subjective awareness of the high risk of death and wanton disregard for life, supporting implied malice even without intoxication or a police pursuit, and that the prior conviction was relevant to show knowledge of the risks and properly admitted under Evidence Code section 352.

criminal lawprocedure

Radford v. SHEHORN

California Court of Appeal · 2010-08-19

In Radford v. Shehorn, two sisters disputed the distribution of assets from a family trust in probate court and reached a purported settlement during mediation consisting of a printed first page and a handwritten second page. One sister moved to enforce the agreement under Code of Civil Procedure section 664.6, prompting a dispute over whether the first page (containing a waiver of mediation confidentiality) was part of the signed document and whether the mediator could submit a declaration on that point. The trial court admitted the mediator's declaration, found the agreement consisted of two pages, and granted the motion to enforce. The Court of Appeal held that the mediation confidentiality statutes barred admission of the mediator's testimony about the agreement but concluded the error was harmless because other declarations describing noncommunicative conduct sufficiently supported the trial court's finding of a two-page agreement. The judgment enforcing the settlement was affirmed.

procedurefamily law

Bookout v. State of California Ex Rel. Department of Transportation

California Court of Appeal · 2010-07-28 · cited 79×

In Re Marraige of Hartmann

California Court of Appeal · 2010-06-23 · cited 10×

Myrick v. Mastagni

California Court of Appeal · 2010-06-21 · cited 15×

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Arthur Gilbert

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Decision record