Welcome to AppellateAdvisor

Also, once I fully roll this out, I will tell you a little more on the About me page and my 50+ years as a criminal defense attorney (appellate since 1986), and why attorneys might want to ponder consulting with me on state court appeals they’ve been retained on.

And I might have a few pix of my dogs and other things of interest (to me) as possible site magnets.

My articles are listed below, the most recent at the top.

  • Post 31 – No Cases, Just News Mar 8 2026
    Magnolificent SMILE of Magnolias! The Game’s Afoot! (Well, changes, anyway.) I’m going to try something different.  For the long of it, keep reading.  For the less-long of it, cut to the Chase near the end. Long of it: As you can probably tell, this blog is a work in slow progress, but progress nonetheless.  I have mentioned my… Read more: Post 31 – No Cases, Just News Mar 8 2026
  • Post 30 -000257 Mar 8 2026
    Case:  000257 [000257 — Gary’s Summary of summary:    For a defendant’s parole revocation, the defendant should have been remanded to the custody of the local county jail rather than to the Department of Corrections and Rehabilitation.] After petitioner admitted to parole violations, the superior court revoked petitioner’s parole and remanded him to the custody of the Department… Read more: Post 30 -000257 Mar 8 2026
  • Post 29 – 000256 Mar 8 2026
    Case:  000256 [000256 — Gary’s Summary of summary:    It was error for the court to impose the upper term based on aggravating factors not stipulated to or proved beyond a reasonable doubt to a jury.] The defendant argues the sentencing court violated Penal Code section 1170(b)(2) by considering an aggravating circumstance not proven at trial, and the… Read more: Post 29 – 000256 Mar 8 2026
  • Post 28 – 000255 Mar 8 2026
    Case:  000255 [000255 –Gary’s Summary of summary:    The unpaid balance of the restitution fine must be stricken after 10 years from the date it was originally imposed.] Though the court affirmed the other orders of the trial court regarding the resentencing conducted under Penal Code section 1172.75, the restitution fine, ordered more than 10 years earlier, must… Read more: Post 28 – 000255 Mar 8 2026
  • Post 27 – 000254 Mar 8 2026
    Case:  000254 (This is the first of one case, one post) [000254 — Gary’s Summary of summary  It was error for the court to impose the upper term based on aggravating factors not stipulated to or proved beyond a reasonable doubt to a jury.  As it constitutes violation of a constitutional right, prejudice is examined under Chapman.  It may… Read more: Post 27 – 000254 Mar 8 2026

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