People v. Avila

Docket NumberB294632
Decision Date30 November 2020
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88 cases
  • People v. Dain
    • United States
    • California Court of Appeals
    • 31 Enero 2024
    ...circumstances that conceivably would take him outside the spirit of the Three Strikes law. Defendant relies on Avila, supra, 57 Cal.App.5th 1184, 272 Cal.Rptr.3d 127, to support the trial court’s decision, but his reliance is misplaced. In Avila, defendant Avila was sentenced to 25 years to......
  • People v. James
    • United States
    • California Court of Appeals
    • 28 Octubre 2021
    ...conceded at oral argument that remand was appropriate in this case in light of the recently decided opinion in People v. Avila (2020) 57 Cal.App.5th 1134, 272 Cal.Rptr.3d 127.We agree with the parties. Here, the record is not silent as to the trial court's reasoning in denying defendant's m......
  • People v. Smith
    • United States
    • California Court of Appeals
    • 24 Febrero 2021
    ...notions of human dignity." (In re Lynch (1972) 8 Cal.3d 410, 424; see People v. Dillon (1983) 34 Cal.3d 441, 478; People v. Avila (2020) 57 Cal.App.5th 1134, 1145.) In making this determination, we (1) consider the nature of the offense and the offender; (2) compare the punishment with that......
  • People v. Barrcena
    • United States
    • California Court of Appeals
    • 11 Abril 2024
    ...then 20 years old, committed his last strike offense which was also a second degree robbery with possession of a firearm by a felon. (Id. at p. 1141.) most recent offenses were in 2018 for attempted extortion (§§ 664, 518) of one street vendor, Castro, and attempted second degree robbery (§......
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