Sponsored By. Those crimes include:  Kidnapping, kidnapping of a child under 14, or kidnapping for the purpose of committing certain sex offenses (Pen.Code, § 208);  kidnapping for ransom or extortion (Pen.Code, § 209);  looting (Pen.Code, § 463);  specified crimes against a public transit vehicle or occupant (Pen.Code, § 1203.055);  sale of cocaine or heroin, as defined in Health & Safety Code §§ 11352, 11379.5 (Pen.Code, § 1203.076);  weapons offenses (Pen.Code, § 1203.095);  and possession of a concealed firearm with a prior conviction of any felony (Pen.Code, § 12025). Please try again.

Defendant was a shopkeeper who lawfully possessed a firearm for protection from ongoing crime involving gang members. (Cal.Rules of Court, rule 409.) 3. Eventually, the couple saved enough to purchase their first liquor store in San Fernando. Soon-ja, also spelled Sun-ja, is a Korean female given name.

(People v. Cazares, supra, 190 Cal.App.3d at p. 837, 235 Cal.Rptr. Soon Ja Du, the store owner, accused the girl of trying to steal the juice. The probation officer concluded “it is true that this defendant would be most unlikely to repeat this or any other crime if she were allowed to remain free. Our function is to determine whether the respondent court's order is arbitrary or capricious, or “ ‘exceeds the bounds of reason, all of the circumstances being considered.’ ”  (People v. Warner (1978) 20 Cal.3d 678, 683, 143 Cal.Rptr. The full text of rule 414(a)(7) reads:  “Whether the crime was committed because of an unusual circumstance, such as great provocation, which is unlikely to recur.”  (Emphasis added.) Sentence was suspended and defendant was placed on probation for a period of five years with the usual terms and conditions and on the condition that she pay $500 to the restitution fund and reimburse Latasha's family for any out-of-pocket medical expenses and expenses related to Latasha's funeral. The burden is on the party attacking the sentence to clearly show that the sentencing decision was irrational or arbitrary. Criminal Law often felt like an attack on my humanity. 9 ante ). BOREN, J., concurs. GRIGNON, J., concurs in the result. In other words, defendant got her break from the jury. Defendant Soon Ja Du was convicted of voluntary manslaughter in the killing of Latasha Harlins, a customer in defendant's store. Absolutely․”  Nowhere in the record does the court say that the killing was an accident or that it was not unlawful and intentional. Conduct, canon 3A(1)), regardless of whether the decision may be unpopular or controversial. The review of any grant of probation shall include review of any order underlying the grant of probation.”. Latasha was involved in activities at a youth center as an assistant cheerleader, member of the drill team and a summer junior camp counselor. The jury found defendant guilty of voluntary manslaughter and also found true special allegations that defendant personally used a firearm, within the meaning of Penal Code sections 1203.06(a)(1) and 12022.5. The fact that here the gun was used by a shopkeeper possessing it for a lawful use is sufficient distinction from the circumstances “typically present” in other gun use cases to justify the court's finding that this was an “unusual case.”   The court then properly applied the second part of rule 413(c)(1)(i), noting that the defendant had “no recent record, in fact, no record at all of committing similar crimes or crimes of violence.”. Latest Cyber Attacks Disinformation, Not Voting System Breaches. The probation officer's ultimate conclusion and recommendation was that probation be denied and defendant sentenced to state prison.

5.17] ), and involuntary manslaughter. Soon Ja Du claimed that she was in fear for her life when she shot Latasha Harlins in the back of the head. Nevertheless, the only issue to be resolved on appellate review is whether the trial court exercised its discretion in a manner which was “arbitrary, capricious, or beyond the bounds of reason.”   We conclude, on the basis of the entire record, that the respondent court did not abuse its discretion.
There was no evidence that the defendant or her  family kept the gun in the store because of any intention to act unlawfully. Begin typing to search, use arrow keys to navigate, use enter to select. (CALJIC No. Indigenous Women to Financial CEOs: An Open Letter, Eastern Sierra: A Reminder to Renew Life after Disaster. Also, both the locking mechanism of the hammer and the main spring tension screw of the gun had been altered so that the hammer could be released without putting much pressure on the trigger. After throwing the stool, defendant reached under the counter, pulled out a holstered .38–caliber revolver, and, with some difficulty, removed the gun from the holster. If Joseph tried to stop the shoplifters, “they show me their guns.”   Joseph further testified that his life had been threatened over 30 times, and more than 20 times people had come into the store and threatened to burn it down. If the District Attorney's argument were correct, the District Attorney could routinely overcharge defendants and then argue that any facts which would tend to defeat the overcharging must be ignored in probation decisions. Soon Ja Du Latasha Harlins: 25 Years Later, Vigil to Honor Black Teen Killed Over Bottle of Orange Juice Local news / 5 years ago. 20. Defendant's husband, Billy Du, was present at the Empire Liquor Market that morning, but at defendant's urging he went outside to sleep in the family van because he had worked late the night before. As defendant was removing the gun from the holster, Latasha picked up the orange juice and put it back on the counter, but defendant knocked it away.
807.). Defendant's husband took the gun to the Empire store after he got it back from the police in 1990. A trial court has broad discretion in determining whether or not to grant probation. Isolated or ambiguous remarks by the trial court do not overcome that presumption. 604.) 14. 6. In view of the fast-moving chain of events (the entire confrontation took only 35–40 seconds), even a few seconds could have been critical.18. 16. Each criterion points to evidence that the likelihood of success is great or small. The email address cannot be subscribed. Will White Supremacy Carry Trump to a Second Term? Defendant's husband testified that he had purchased the .38–caliber handgun from a friend in 1981 for self-protection. Utilizing this standard of review, we conclude that the respondent court's determination was not an abuse of discretion. With the second blow,  defendant fell to the floor behind the counter, taking the backpack with her. Defendant saw Latasha enter the store, take a bottle of orange juice from the refrigerator, place it in her backpack and proceed to the counter. The District Attorney construes the court's first comment as an explicit finding by the court that Penal Code section 1203, subdivision (e)(2) did not apply in this case. (People v. Axtell, supra, 118 Cal.App.3d at p. 259, 173 Cal.Rptr. Defendant Soon Ja Du was convicted of voluntary manslaughter in the killing of Latasha Harlins, a customer in defendant's store. In an indirect way, the District Attorney has correctly framed the single issue in this case:  was the sentence imposed by the respondent court “legal,” that is, was it in accordance with statutorily defined sentencing guidelines. [1] The same characters correspond to a number of Japanese female given names, including the on'yomi reading Junko and the kun'yomi readings Ayako, Masako, Michiko, Nobuko, and Yoshiko.

We reject the District Attorney's contention that the court misapplied rule 410. Instead, the people may seek appellate review of any grant of probation, whether or not the court imposes sentence, by means of a petition for a writ of mandate or prohibition which is filed within 60 days after probation is granted. Defendant testified that she was suspicious because she expected if the victim were going to pay for the orange juice, she would have had it in her hand. “Criteria affecting the decision to grant or deny probation [rule 414] include:“(a) Facts relating to the crime, including:“(1) The nature, seriousness, and circumstances of the crime as compared to other instances of the same crime.“(2) Whether the defendant was armed with or used a weapon.“(3) The vulnerability of the victim.“(4) Whether the defendant inflicted physical or emotional injury.“(5) The degree of monetary loss to the victim.“(6) Whether the defendant was an active or passive participant.“(7) Whether the crime was committed because of an unusual circumstance, such as great provocation, which is unlikely to recur.“(8) Whether the manner in which the crime was carried out demonstrated criminal sophistication or professionalism on the part of the defendant.“(9) Whether the defendant took advantage of a position of trust or confidence to commit the crime.“(b) Facts relating to the defendant, including:“(1) Prior record of criminal conduct;  whether as an adult or juvenile, including the recency and frequency of prior crimes;  and whether the prior record indicates a pattern of regular or increasingly serious criminal conduct.“(2) Prior performance on probation or parole and present probation or parole status.“(3) Willingness to comply with the terms of probation.“(4) Ability to comply with reasonable terms of probation as indicated by the defendant's age, education, health, mental faculties, history of alcohol or other substance abuse, family background and ties, employment and military service history, and other relevant factors.“(5) The likely effect of imprisonment on the defendant and his or her dependents.“(6) The adverse collateral consequences on the defendant's life resulting from the felony conviction.“(7) Whether the defendant is remorseful.“(8) The likelihood that if not imprisoned the defendant will be a danger to others.”, 12. Penal Code section 1238, subdivision (d), provides:  “Nothing contained in this section [When State May Appeal] shall be construed to authorize an appeal from an order granting probation. In determining that this was an “unusual case” which overcame the statutory presumption against probation, the court also found that “the defendant participated in the crime under circumstances of great provocation, coercion, and duress.”   We assume the court was relying upon California Rules of Court, rule 413(c)(2), which allows the court to consider “[a] fact or circumstance not amounting to a defense, but reducing the defendant's culpability for the offense․”  The District Attorney argues that the court improperly used this factor because the provocation in this case (i.e., the blows struck by Latasha) was successfully urged by defendant as a defense in the trial, as evidenced by the fact that the jury reduced the charge from second degree murder to voluntary manslaughter.


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