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At the Lectern

Accomplice testimony/juvenile sentencing, criminal fees opinions filing tomorrow

May 16, 2018

Tomorrow morning, the Supreme Court will file its opinions in People v. Rodriguez and People v. Ruiz.  (Briefs here; oral argument videos here and here.)  Both were argued on the large March calendar.

Rodriquez raises these questions:  (1) Was the accomplice testimony in this case sufficiently corroborated?  (See People v. Romero & Self (2015) 62 Cal.4th 1, 36.)  (2) Is defendant’s constitutional challenge to his 50 years to life sentence moot when, unlike in People v. Franklin (2016) 63 Cal.4th 261, his case was not remanded to the trial court to determine if he was provided an adequate opportunity to make a record of information that will be relevant to the Board of Parole Hearings as it fulfills its statutory obligations under Penal Code sections 3051 and 4801?  (Third District Court of Appeal Justice Cole Blease is the pro tem.)

Ruiz concerns whether a trial court may properly impose a criminal laboratory analysis fee (Health & Saf. Code, § 11372.5, subd. (a)) and a drug program fee (Heath & Saf. Code, § 11372.7, subd. (a)) based on a defendant’s conviction for conspiracy to commit certain drug offenses?  The court granted review in September 2016.  (Second District, Division Two, Court of Appeal Justice Judith Ashmann-Gerst is the pro tem.)

The opinions can be viewed tomorrow starting at 10:00 a.m.

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