Legal Blog

The following is a partial list of firm wins only from the first half of 2023. It is not a full list and does not include earlier or later years. It includes in-court advocacy, out-of-court advocacy, and the delivery of legal advice. These successful outcomes do not guarantee success on a future case.

• Win: P.C. 1170.95 Direct Appeal, Felony Murder
  • 1/18/2023, People v. D.T.: D.T.: The appellate court issued an order reversing the order denying the petition for resentencing and remanding the case to the trial court to appoint counsel, issue an order to show cause, and conduct an evidentiary hearing pursuant to P.C. 1172.6.
• Win: Direct Appeal, Attempted Manslaughter
  • 2/1/2023, People v. J.F.: The appellate court issued an order vacating the gang enhancement allegation under P.C.186.22, and the gang enhancements were remanded to the trial court for retrial, should the People so decide.
• Win: P.C. 1170.95 Direct Appeal, Felony Murder
  • 2/15/2023, People v. G.W.: The appellate court reversed the trial court’s order denying defendant’s P.C. 1172.6 petition and remanded the case to the trial court to conduct further proceedings consistent with P.C. 1172.6(d).
• Win: Parole Grant, Voluntary Manslaughter
  • 2/2023, People v. M.A.: After representation through successful Franklin Hearing proceedings, the client was granted parole after spending over 13 years in custody.
• Win: P.C. 1170.95 Petition, Voluntary Manslaughter
  • 2/23/2023, People v. D.T.: The superior court granted the petition for resentencing and a stipulation for release was entered. The client was released after in March 2023, after spending more than 19 years in custody for a murder he did not intentionally commit.
• Win: P.C. 1170.95 Direct Appeal, Attempted Murder
  • 3/20/2023, People v. I.C.: The appellate court issued an order vacating the client’s sentence and remanding the case to the trial court solely for resentencing consistent with the court’s opinion under current law, including P.C. 654 as amended by Assembly Bill No. 518.
• Win: Direct Appeal, Attempted Voluntary Manslaughter
  • 3/27/2023, People v. D.C.: The appellate court vacated the client’s sentence and remanded the case for resentencing.
• Win: Direct Appeal, Carjacking, Kidnapping & Robbery
  • 3/15/2023, People v. R.G.: The appellate court entered an opinion reversing the superior court’s order denying recall and remanding the case to the trial court to consider whether to recall the client’s sentence and resentence him in accordance with P.C. 1172.1.
• Win: Supreme Court Writ, Attempted Murder
  • 3/15/2023, People v. C.J.: The Supreme Court of California issued an order to show cause returnable before the LA County Superior Court, as to why relief should not be granted on the grounds that the client has presented newly discovered evidence.
• Win: Parole Grant, Possession of Firearm
  • 3/28/2023, People v. G.F.: After representation through successful Franklin Hearing proceedings, the client was granted parole after spending over 11 years in custody.
• Win: P.C. 1170.95 Direct Appeal, Attempted Murder
  • 4/7/2023, People v. C.B.: The appellate court issued an opinion reversing the trial court’s order that summarily denied the client’s petition for resentencing. The case was remanded to the trial court to appoint counsel, issue an order to show cause, and conduct an evidentiary hearing consistent with the provisions of P.C. 1172.6.

To discuss how Spolin Law P.C. may be able to help with your (or your loved one’s) case, please call (866) 716-2805.

After Spolin Law attorneys filed a petition to vacate a client’s voluntary manslaughter conviction and resentence him in the San Diego Superior Court, the District Attorney was forced to agree that the client deserved to be released.

In 2019, prior to enlisting the help of Spolin Law attorneys, the client filed a resentencing petition under law SB 1437. The Superior Court initially denied the petition, and the client immediately appealed. On appeal, the client was given a court-appointed attorney. However, five months after the appeal began, the court-appointed attorney filed a Wende brief, essentially stating that the client’s case had no arguable issues. (An Anders/Wende brief is a written appellate filing where a lawyer tells the court that he or she cannot find any non-frivolous issues to argue). Shortly after the Wende brief filing, the Court of Appeal denied the appeal.

The client then hired Spolin Law to review his case. Using a recently passed law, Senate Bill 775, the attorneys argued that the expansion of SB 1437 entitled the client to have his voluntary manslaughter conviction vacated.

In May 2022, Spolin Law attorneys filed their petition citing the new law as well as the client’s conduct during the course of the alleged crime. Facing a practically untenable position, the District Attorney conceded that the client was eligible for a hearing to determine whether or not he was entitled to such relief.

Ultimately, after an agreed-upon stipulation negotiated by the firm’s attorneys and the District Attorney, the client was resentenced to “time served” (17 years, down from 28 years originally), in February of this year, and the client was released from custody in March.

“I am so glad that we were able to get this client the justice he deserved,” said Caitlin Dukes, one of Spolin Law’s attorneys who worked on the case. “He had been fighting his case for years, receiving denial after denial, but he never gave up, and his determination paid off.”

“This is yet another example of how you can lose many battles but still win the war eventually,” explained attorney Aaron Spolin, who worked on this case. “After the client’s old lawyer had filed the Wende brief, it had been very disheartening for him. But we benefited tremendously from the new law, and I think that he [the client] was just happy with the final outcome, no matter how zig-zaggy a road it was.”

For more questions about this or other similar cases, contact Spolin Law P.C. at (866) 716-2805. Firm notes that prior success does not guarantee future success.