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At the Lectern

“One strike” sentencing opinion filing Monday

February 2, 2024

On Monday morning, the Supreme Court will file its opinion in In re Vaquera.   (Briefs here; oral argument video here.)

This will be the last of four decisions in the cases on the November calendar. There are seven other undecided argued cases, five from the December calendar (with opinions likely by March 4) and two from the January calendar (with opinions likely by March 28).

Vaquera is expected to address: (1) Did the Court of Appeal err by disagreeing with People v Jimenez (2019) 35 Cal.App.5th 373 and endorsing as mandatory the sentencing practice prohibited in that case; (2) Is the Court of Appeal’s decision incorrect under People v. Mancebo (2002) 27 Cal.4th 735; (3) Did the Court of Appeal err by failing to address petitioner’s claims as to the issues of waiver and estoppel? More about the case here and here.

The opinion can be viewed Monday starting at 10:00 a.m.

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