The Supreme Court has announced its April calendar. Over two days, the court will hear arguments in six cases, four of them criminal.
On April 7 and 8, in Los Angeles, the court will hear the following cases (with the issue presented as stated on the court’s website):
People v. Le: Does Penal Code section 1170.1, subdivision (f), as interpreted by People v. Rodriguez (2009) 47 Cal.4th 501, preclude a trial court from imposing both a firearm use enhancement under Penal Code section 12022.5, subdivision (a), and a gang enhancement under Penal Code section 186.22, subdivision (b)(1)(B), when the offense is a serious felony as a matter of law?
Last August, the court asked the parties to also brief whether the People adequately met their pleading burden by generically pleading the Penal Code section 186.22 enhancement under subdivision (b)(1) without greater specificity as to whether the People sought enhancement under subdivision (b)(1)(A), (b)(1)(B), or (b)(1)(C) of that section, and whether, in light of such generic pleading, the People should be estopped from relying or permitted to rely at sentencing on subdivision (b)(1)(B) of section 186.22. (Pen. Code, § 1170.1, subd. (e); People v. Mancebo (2002) 27 Cal.4th 735.)
Note: Now-retired Justice Joyce Kennard and Justice Goodwin Liu did not vote to grant the People’s petition for review.
People v. Ford: Did the trial court have jurisdiction to award restitution to the victim although defendant’s probationary term had expired nine days earlier?
People v. Leon: [This is an automatic appeal from an October 1996 judgment of death. The court’s website does not list issues for such appeals.]
California Building Industry Association v. City of San Jose: What standard of judicial review applies to a facial constitutional challenge to inclusionary housing ordinances that require set asides or in-lieu fees as a condition of approving a development permit? (See San Remo Hotel L.P. v. City & County of San Francisco (2002) 27 Cal.4th 643, 670.)
Marriage of Davis: For the purpose of establishing the date of separation under Family Code section 771, may a couple be “living separate and apart” when they reside in the same residence?
People v. Charles: [This is an automatic appeal from a January 1999 judgment of death. The court’s website does not list issues for such appeals.]
