This case was last updated from California Courts of Appeal on 10/07/2021 at 04:45:25 (UTC).

The People v. Wise

Case Summary

On 12/10/2020 The People filed an Other lawsuit against Wise. This case was filed in California Courts of Appeal, First Appellate District - Division 3 located in Statewide, California. The Judge overseeing this case is Jacobson, Morris. The case status is Pending - Other Pending.
Case Details Parties Dockets

 

Case Details

  • Case Number:

    ***1602

  • Filing Date:

    12/10/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • County, State:

    Statewide, California

Judge Details

Trial Court Judge

Jacobson, Morris

 

Party Details

Respondent and Plaintiff

The People

Defendant and Appellant

Lanare Wise

Wasco, CA 93280

Attorney/Law Firm Details

Respondent and Plaintiff Attorney

Office of the Attorney General

455 Golden Gate Avenue - Suite 11000

San Francisco, CA 94102-7004

Defendant and Appellant Attorney

First District Appellate Project

Attorney at First District Appellate Project

475 Fourteenth Street, Suite 650

Oakland, CA 94612

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 03/29/2021
  • DocketDescription: Case complete.

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  • 03/29/2021
  • DocketDescription: Remittitur issued.

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  • 01/26/2021
  • DispositionDescription: Other involuntary dismissal; Disposition Type: Final The records of this court show that in 2006, appellant was convicted of first-degree murder with special circumstances. The trial court sentenced him to 105 years-to-life in prison. In January 2020, appellant filed a petition under Penal Code section 1170.95, that asked the court to resentence him. The trial court denied that petition in a lengthy order filed on March 4, 2020. On October 6, 2020, appellant filed a second petition under section 1170.95 and again asked the trial court to resentence him. The court denied that petition in an order filed on October 15, 2020. Then on November 9, 2020, appellant filed a third petition under section 1170.95, asking to be resentenced. The trial court denied that petition on November 13, 2020. This appeal followed. While an order denying a petition under section 1170.95 generally is appealable as an order after final judgment (see, e.g., People v. Larios (2019) 42 Cal.App.5th 956, 961), the November 13, 2020, order at issue here simply rejected appellant's attempt to raise the same issue the trial court had twice previously rejected. An order made after judgment is not appealable where the underlying motion merely asks the trial court to repeat or overrule a prior ruling on the same facts. (People v. Palmer (1942) 49 Cal.App.2d 579, 580.) The appeal is dismissed.

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  • 01/26/2021
  • DocketDescription: Dismissal order filed.; Notes: The records of this court show that in 2006, appellant was convicted of first-degree murder with special circumstances. The trial court sentenced him to 105 years-to-life in prison. In January 2020, appellant filed a petition under Penal Code section 1170.95, that asked the court to resentence him. The trial court denied that petition in a lengthy order filed on March 4, 2020. On October 6, 2020, appellant filed a second petition under section 1170.95 and again asked the trial court to resentence him. The court denied that petition in an order filed on October 15, 2020. Then on November 9, 2020, appellant filed a third petition under section 1170.95, asking to be resentenced. The trial court denied that petition on November 13, 2020. This appeal followed. While an order denying a petition under section 1170.95 generally is appealable as an order after final judgment (see, e.g., People v. Larios (2019) 42 Cal.App.5th 956, 961), the November 13, 2020, order at issue here simply rejected appellant?s attempt to raise the same issue the trial court had twice previously rejected. An order made after judgment is not appealable where the underlying motion merely asks the trial court to repeat or overrule a prior ruling on the same facts. (People v. Palmer (1942) 49 Cal.App.2d 579, 580.) The appeal is dismissed.

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  • 01/26/2021
  • DocketDescription: Filed letter from:; Notes: FDAP regarding unappealable order.

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  • 12/21/2020
  • DocketDescription: Letter sent to counsel re:; Notes: Record filed today. AOB due in 40 days.

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  • 12/21/2020
  • DocketDescription: Probation report filed.; Notes: pages 4-46

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  • 12/21/2020
  • DocketDescription: Record on appeal filed.; Notes: CT-1, no reporter's transcript.

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  • 12/18/2020
  • DocketDescription: Notice of appeal lodged/received (criminal).

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  • 11/13/2020
  • DocketTrial Court Name: Alameda County Superior Court - Main; County: Alameda; Trial Court Case Number: 148769C; Trial Court Judge: Jacobson, Morris

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