Court of Appeal found $570 drug program fee to have been miscalculated and reduced it to $540. Harutunian III, Judge - Opinion by Haller, J., with Huffman, J., McIntyre, J. Williams, D062840 - Drug Program Fee - Albert T. Judgment modified to strike the one-year enhancement for a prison prior where a five-year serious felony prior was imposed based upon the same prior conviction. Sosa, G047793 – Sentencing Error – Daphne Sykes Scott, Judge – O’Leary, P.J., with Moore, J., Aronson, J.
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True finding of violating Penal Code section 626.2, unauthorized entry on a school campus, reversed because record contains no evidence that minor was served with written notice of his suspension by registered or certified mail. Shade, Temporary Judge - Rylaarsdam, Acting P.J., with Aronson, J., Fybel, J. (I) LARĮrickson, Kristin – In re G.P., G048213 – Insufficient Evidence – Jane L. Conviction for active participation in a criminal street gang reversed as evidence showed appellant acted alone. Froeberg, Judge – Thompson, J., with Rylaarsdam, Acting P.J., Moore, J. Torres, G047492 – Sufficiency of Evidence/Gang Offense – William R. The Court of Appeal found that the record was insufficiently developed to allow a determination that the prosecution was time-barred, and so remanded for an evidentiary hearing in which the issue may be litigated. The charging documents indicated the prosecution was time-barred, and the documents did not allege any facts which might have tolled the statute of limitations.
Appellant was charged with crimes more than seven years after they were committed, which was beyond the six-year statute of limitations.
Conditionally reversed and remanded with directions. Ferguson, Judge - Opinion by McKinster, J., with Hollenhorst, J., King, J. Villalba, E057151, - Statute of Limitations - Jon D. The unpublished opinions remain on the Judicial Council Web site for 60 days from the date of the filing of the opinion. The unpublished opinions from the following cases can be viewed by visiting the Judicial Council Web site.