Eloy Trujillo | San Francisco Criminal Lawyer

People v. A.R. Practice Area: Appeals Outcome: Felony conviction reversed on appeal. Description: The court reversed defendant's conviction of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) and strike finding. Trial counsel had entered a plea of not guilty by reason of insanity and submitted the question of guilt on the preliminary hearing transcript. On appeal the court found error not only because the plea had not been personally entered by the defendant but also because she had not been advised that she could be institutionalized for the rest of her life. The admonition and personal entry of the plea is required by People v. Lomboy (1981) 116 Cal.App.3d 67, 71. Similarly, the submission on the preliminary hearing transcript was invalid in that defendant was not advised of her constitutional rights. (Bunnell v. Superior Court (1975) 13 Cal.3d 592, 605.) People v. E.M. Practice Area: Appeals Outcome: Felony conviction reversed on appeal. Description: The Court of Appeal agreed that the evidence was insufficient to support the true finding on the allegation that the defendant committed felony assault by means of force likely to produce great bodily injury and reduced the finding to simple assault. The victim testified only that the minor punched her in the face. There was no evidence either of the amount of force used or of any injury. People v. L.G. Practice Area: DUI & DWI Outcome: DUI convictions reversed on appeal Description: Alameda County Superior Court Appellate Division Docket No. 5231 People v. K.B. Practice Area: DUI & DWI Outcome: DUI case dismissed following reversal on appeal of trial court denial of defense motion to suppress illegally obtained blood evidence. Description: Sonoma County Superior Court Docket No. SCR-613492