California v. Stutelberg

Docket NumberD073266
Decision Date21 November 2018

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61 cases
  • People v. Aledamat
    • United States
    • California Supreme Court
    • 26 Agosto 2019
    ...of law under McCoy . ( Aledamat , supra , 20 Cal.App.5th at p. 1153, 229 Cal.Rptr.3d 771 ; see People v. Stutelberg (2018) 29 Cal.App.5th 314, 317, 240 Cal.Rptr.3d 156 ( Stutelberg ) [also involving assault with a box cutter].)2 Accordingly, as the Court of Appeal held in this case, and as ......
  • S.Y. v. Superior Court of San Diego Cnty.
    • United States
    • California Court of Appeals
    • 21 Noviembre 2018
    ... ... 655, 207 Cal.Rptr.3d 756 ; Ellis , supra , 2 Cal.App.5th at pp. 416–417, 206 Cal.Rptr.3d 687.) S.Y. also cited People v. Cates (2009) 170 Cal.App.4th 545, 548, 87 Cal.Rptr.3d 919, which held that Penal Code section 1203.097 required imposition of a batterer's ... ...
  • People v. Medrano
    • United States
    • California Court of Appeals
    • 3 Diciembre 2019
    ...standard [citation] to evaluate an instruction that improperly defines an element of a charged offense." ( People v. Stutelberg (2018) 29 Cal.App.5th 314, 319, 240 Cal.Rptr.3d 156 ; Chapman v. California (1967) 386 U.S. 18, 24, 87 S.Ct. 824, 17 L.Ed.2d 705 ( Chapman ).) Under Chapman , an i......
  • People v. Marsh
    • United States
    • California Court of Appeals
    • 15 Julio 2019
    ...416 P.3d 42.) Thus, the inclusion of both alternatives was legal, not factual, error. (See, e.g., People v. Stutelberg (2018) 29 Cal.App.5th 314, 318, 240 Cal.Rptr.3d 156 ( Stutelberg ); People v. Aledamat (2018) 20 Cal.App.5th 1149, 1154, 229 Cal.Rptr.3d 771, review granted Jul. 5, 2018, S......
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