7 California opinions name it 3 courts 1967–2021 1 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Simongreen2 sentences2006At that time, the maximum punishment for a violation of section 25401 was a fine of $10,000 and a prison term of two, three, or five years. ( Simon, at p. 507, 37 Cal.Rptr.2d 278 , 886 P.2d 1271 .) The maximum fine is now $10 million. (§ 25540, subd. (b).) [7] Language contrary to this opinion in People v. Corey, supra, 35 Cal.App.4th 717 , 41 Cal. Rptr.2d 540 , is disapproved. [8] The trial court also committed two other instructional errors. 2006At that time, the maximum punishment for a violation of section 25401 was a fine of $10,000 and a prison term of two, three, or five years. ( Simon, at p. 507, 37 Cal.Rptr.2d 278 , 886 P.2d 1271 .) The maximum fine is now $10 million. (§ 25540, subd. (b).) [7] Language contrary to this opinion in People v. Corey, supra, 35 Cal.App.4th 717 , 41 Cal. Rptr.2d 540 , is disapproved. [8] The trial court also committed two other instructional errors. | 1 | 1 |
People v. Pedro T.green2 sentences1996(Stats. 1989, ch. 930, § 11, pp. 3258-3259; see, generally, In re Pedro T. (1994) 8 Cal.4th 1041 [ 36 Cal.Rptr.2d 74 , 884 P.2d 1022 ].) The theory that the Legislature intended the term “vehicle theft” to mean only those violations of Vehicle Code section 10851 involving intent to permanently deprive is refuted by its increase of the penalties for all violations of that statute. 1996(Stats. 1989, ch. 930, § 11, pp. 3258-3259; see, generally, In re Pedro T. (1994) 8 Cal.4th 1041 [ 36 Cal.Rptr.2d 74 , 884 P.2d 1022 ].) The theory that the Legislature intended the term “vehicle theft” to mean only those violations of Vehicle Code section 10851 involving intent to permanently deprive is refuted by its increase of the penalties for all violations of that statute. | 1 | 1 |
People v. Webbgreen2 sentences1967Therefore, the maximum punishment for the three sex offenses amounts to a life term plus 30 years’ imprisonment.” 3 (Italics added.) Also in People v. Webb, 158 Cal.App.2d 537, 541 [ 323 P.2d 141 ], it is said: “When the victim is a child under the age of 14, an act of sexual perversion is expressly made punishable in different ways and by different provisions of the code—namely, sections 288 and 288a. 1967Therefore, the maximum punishment for the three sex offenses amounts to a life term plus 30 years’ imprisonment.” 3 (Italics added.) Also in People v. Webb, 158 Cal.App.2d 537, 541 [ 323 P.2d 141 ], it is said: “When the victim is a child under the age of 14, an act of sexual perversion is expressly made punishable in different ways and by different provisions of the code—namely, sections 288 and 288a. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Jorge M.
green
2 sentences2015Also noted above is that the maximum punishment for violation of this section is six months in county jail and a $1,000 fine (LAMC, § 11.00, subd. (m)). “ ‘Other things being equal, the greater the possible punishment, the more likely some fault is required.’ ” (In re Jorge M., supra, 23 Cal.4th at p. 873 .) Both of these factors weigh in favor of strict liability. 15 “[T]he defendant’s opportunity to ascertain the true facts” is an interpretive guideline that concerns offenses where “the characteristics that bring the defendant’s conduct within the criminal prohibition may not be obvious to t 2015Also 13 noted above is that the maximum punishment for violation of this section is six months in county jail and a $1,000 fine (LAMC, § 11.00, subd. (m)). “„Other things being equal, the greater the possible punishment, the more likely some fault is required.‟” (In re Jorge M., supra, 23 Cal.4th at p. 873 .) Both of these factors weigh in favor of strict liability. 15 “[T]he defendant‟s opportunity to ascertain the true facts” is an interpretive guideline that concerns offenses where “the characteristics that bring the defendant‟s conduct within the criminal prohibition may not be obvious to | 2 | 2015–2015 |
People v. Corey
green
2 sentences2006At that time, the maximum punishment for a violation of section 25401 was a fine of $10,000 and a prison term of two, three, or five years. ( Simon, at p. 507, 37 Cal.Rptr.2d 278 , 886 P.2d 1271 .) The maximum fine is now $10 million. (§ 25540, subd. (b).) [7] Language contrary to this opinion in People v. Corey, supra, 35 Cal.App.4th 717 , 41 Cal. Rptr.2d 540 , is disapproved. [8] The trial court also committed two other instructional errors. 2006At that time, the maximum punishment for a violation of section 25401 was a fine of $10,000 and a prison term of two, three, or five years. ( Simon, at p. 507, 37 Cal.Rptr.2d 278 , 886 P.2d 1271 .) The maximum fine is now $10 million. (§ 25540, subd. (b).) [7] Language contrary to this opinion in People v. Corey, supra, 35 Cal.App.4th 717 , 41 Cal. Rptr.2d 540 , is disapproved. [8] The trial court also committed two other instructional errors. | 2 | 2006–2006 |
People v. Williams
green
1 sentence2021(People v. Williams (1999) 21 Cal.4th 335, 340-341 .) 2 Subdivision (b) of section 799 now provides that prosecution for forcible rape and other enumerated offenses committed on or after January 1, 2017, “may be commenced at any time.” (§ 799, subd. (b)(1), (2).) 3 committed during the commission of a burglary is subject to a mandatory sentence of 15 years to life in prison. (§ 667.61, subds. (b), (d)(4), (e)(2).) This court has recognized that the One Strike law is an alternate sentencing scheme “and not a true ‘enhancement.’” (People v. Jones (1997) 58 Cal.App.4th 693 , 709 & fn. 9; People v | 1 | 2021–2021 |
People v. Jones
green
1 sentence2021(People v. Williams (1999) 21 Cal.4th 335, 340-341 .) 2 Subdivision (b) of section 799 now provides that prosecution for forcible rape and other enumerated offenses committed on or after January 1, 2017, “may be commenced at any time.” (§ 799, subd. (b)(1), (2).) 3 committed during the commission of a burglary is subject to a mandatory sentence of 15 years to life in prison. (§ 667.61, subds. (b), (d)(4), (e)(2).) This court has recognized that the One Strike law is an alternate sentencing scheme “and not a true ‘enhancement.’” (People v. Jones (1997) 58 Cal.App.4th 693 , 709 & fn. 9; People v | 1 | 2021–2021 |
People v. Lopez
green
1 sentence2021(People v. Williams (1999) 21 Cal.4th 335, 340-341 .) 2 Subdivision (b) of section 799 now provides that prosecution for forcible rape and other enumerated offenses committed on or after January 1, 2017, “may be commenced at any time.” (§ 799, subd. (b)(1), (2).) 3 committed during the commission of a burglary is subject to a mandatory sentence of 15 years to life in prison. (§ 667.61, subds. (b), (d)(4), (e)(2).) This court has recognized that the One Strike law is an alternate sentencing scheme “and not a true ‘enhancement.’” (People v. Jones (1997) 58 Cal.App.4th 693 , 709 & fn. 9; People v | 1 | 2021–2021 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.