California v. Baker

Docket NumberD071383
Decision Date22 February 2018
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
148 cases
  • People v. Avila
    • United States
    • California Court of Appeals
    • November 30, 2020
    ...distinction in wording between the federal and state constitutions is substantive and not merely semantic. (People v. Baker (2018) 20 Cal.App.5th 711, 723, 229 Cal.Rptr.3d 431.) We decide Avila's case only under the California Constitution.14 It is unclear whether they remain married.15 To ......
  • People v. Wilson
    • United States
    • California Court of Appeals
    • October 21, 2020
    ...prong may vary by case. [Citation.] ‘Disproportionality need not be established in all three areas.’ " ( People v. Baker (2018) 20 Cal.App.5th 711, 723, 229 Cal.Rptr.3d 431 ( Baker ).)On appeal, Wilson does not present an argument regarding each of these techniques, but rather focuses on wh......
  • People v. Cadena
    • United States
    • California Court of Appeals
    • August 27, 2019
    ...instructive: In re Rodriguez (1975) 14 Cal.3d 639, 122 Cal.Rptr. 552, 537 P.2d 384 ( Rodriguez ) and People v. Baker (2018) 20 Cal.App.5th 711, 229 Cal.Rptr.3d 431 ( Baker ). In Rodriguez , a habeas corpus petitioner had committed statutory rape when he was 19 years old and two years la......
  • People v. Brewer
    • United States
    • California Court of Appeals
    • June 7, 2021
    ...or article I, section 17, of the California Constitution in the trial court, he has forfeited the issue. ( People v. Baker (2018) 20 Cal.App.5th 711, 720, 229 Cal.Rptr.3d 431 ; People v. Speight (2014) 227 Cal.App.4th 1229, 1248, 174 Cal.Rptr.3d 454 ; People v. Kelley (1997) 52 Cal.App.4th ......
  • Request a trial to view additional results
3 books & journal articles
  • Cruel and Unusual Non-Capital Punishments
    • United States
    • American Criminal Law Review No. 58-4, October 2021
    • October 1, 2021
    ...CAL. CONST. art. 1, § 17 (“Cruel or unusual punishment may not be inf‌licted or excessive f‌ines imposed.”). 149. People v. Baker, 229 Cal. Rptr. 3d 431, 442 (Ct. App. 2018) (quoting People v. Carmony, 26 Cal. Rptr. 3d 365, 378 (Ct. App. 2005)). 150. People v. Palafox, 179 Cal. Rptr. 3d 789......
  • Punishment
    • United States
    • James Publishing Practical Law Books California Drunk Driving Law - Volume 1-2 Volume 2
    • March 30, 2022
    ...or similar constitutional provision; weight afforded to each prong may vary by case. Cal. Const. art. 1, §17. In People v. Baker (2018) 20 Cal.App.5th 711 (review filed Apr. 3, 2018) the trial court found that the mandatory minimum sentence was disproportionate to the crime, but, rather tha......
  • Table of cases
    • United States
    • James Publishing Practical Law Books California Drunk Driving Law - Volume 1-2 Appendices
    • March 30, 2022
    ...People v. Baker (1954) 42 Cal.2d 550, §9:87, Appendix E People v. Baker (1974) 39 Cal.App.3d 550, §14:45.2 People v. Baker (2018) 20 Cal.App.5th 711 (review filed Apr. 3, 2018), §10:36 People v. Baldwin (2010) 189 Cal.App.4th 991, §9:28.10 People v. Balestra (1999) 76 Cal.App.4th 57, §10:27......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT