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The People of the State of California v. Superior Court (Romero), 13 CAL. 4TH 497, 917 P.2D 628 (Cal. 1996), was a landmark case in the state of California that gave California Superior Court judges the ability to dismiss a criminal defendant's "strike prior" pursuant to the California Three-strikes law, thereby avoiding a 25-to-life minimum sentence.
The Penal Code enacted by the California State Legislature in February 1872 was derived from a penal code proposed by the New York code commission in 1865 which is frequently called the Field Penal Code after the most prominent of the code commissioners, David Dudley Field II (who did draft the commission's other proposed codes). [1]
The Hundred Code is a three-digit police code system. [3] This code is usually pronounced digit-by-digit, using a radio alphabet for any letters, as 505 "five zero five" or 207A "two zero seven Alpha". The following codes are used in California. They are from the California Penal Code except where noted below. [4]
Chigvintsev, 42, was booked into Napa County Jail on a felony domestic violence charge, penal code 273.5(a), which makes it “illegal to injure a spouse, cohabitant or fellow parent in an act of ...
Examples of infractions in California are traffic violations such as exceeding the posted speed limit, etc. Persons charged with infractions do not have the same right to trial by jury as misdemeanor defendants, notwithstanding laws that imply otherwise. [5] [6] [7] Similarly, Defendants generally do not have a right to court-appointed counsel. [8]
The newest code is the Family Code, which was split off from the Civil Code in 1994. Although there is a Code of Civil Procedure, there is no Code of Criminal Procedure. [1] Instead, criminal procedure in California is codified in Part 2 of the Penal Code, while Part 1 is devoted to substantive criminal law.
If the injuries are serious, or it is deemed that there was "great bodily injury" as defined by state law, or if the perpetrator has a prior criminal record, then it will more likely be charged as a felony under California Penal Code, Sec. 273.5, Corporal Injury on a Spouse or Cohabitant. [140]
Case name Citation Date decided N.Y. State Club Ass'n, Inc. v. City of New York: 487 U.S. 1: 1988: Stewart Organization, Inc. v. Ricoh Corp. 487 U.S. 22