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Appeals

People v. M.R. (Santa Ana) - Court of Appeal unanimously rules to reverse client's 13-year sentence for probation violations arising from client’s previous convictions for drug sales-related offenses. Court of Appeal holds that client, an ex-NFL star, for whom legendary coach Mike Ditka testified, was denied his 14th Amendment right to fundamental fairness and due process. Client ordered released from state prison and reinstated on probation. See link to story published in the Orange County Register.
See link to story published on ESPN.com.

People v K.P. (Santa Ana) - Court of Appeal unanimously reverses jury's "true" finding on a sentence enhancement alleging client had inflicted great bodily injury upon the victim during the commission of a felony hit and run. Mr. Devore successfully argued that although commonly called "hit and run", the felony offense charged in Vehicle Code section 20002(a) should really be called "fleeing the scene of an accident without performing certain statutory duties (i.e. render necessary aid)". In this particular case, Mr. Devore convinced the Court of Appeal the because the victim was partially decapitated (and thus died) during the accident, the client's act of fleeing the scene after the accident without rendering aid or calling 911 did not cause or aggravate the victim's injuries, as is required by the statute. Because client had a prior strike conviction, the jury's true finding on the great bodily injury enhancement caused client to be sentenced to eight additional years in state prison beyond what he normally would have received solely for the hit and run. Those eight additional years were vacated on account of this ruling. See link to story published in the OC Weekly.

People v. J.Z. (Santa Ana) - Court of Appeal unanimously rules to reverse client's 4-year sentence and conviction for felony residential burglary involving $30,000 worth of jewelry due to judge’s error in failing to modify standard jury instructions to reflect the circumstances of this particular case wherein the co-defendant, who had already plead guilty in exchange for probation, testified that the client was innocent.

People v. A.R. (Los Angeles) - Court of Appeal unanimously reverses client’s 37-year sentence and conviction for gang-related attempted murder due to error in jury instructions.

People v. C.S. (San Diego) – Court of Appeal unanimously reverses client’s 10-year sentence and convictions for possession of drugs and stolen credit cards due to unlawful search and seizure.

People v. AD (Los Angeles) - Court of Appeal unanimously strikes two-year state prison enhancement after trial court found client to have been on bail for a pending felony case at the time the current felony offense was committed. Mr. Devore became counsel on appeal and filed brief arguing that the two-year consecutive sentence could not be ordered as the “crime-bail-crime” enhancement requires a conviction on both the primary and subsequent offense, not just the current offense. Attorney General filed written concession agreeing client’s sentence must be reduced by two years. SENTENCE VACATED, CLIENT SENTENCED TO NEW, LOWER TERM.

People v. MP (Santa Ana) – Appellate Division unanimously reverses client’s possession of controlled substance conviction. Client had plead guilty after trial court denied his motion to suppress. Mr. Devore became counsel on appeal and filed brief showing trial court was wrong on the law. Orange County District Attorney filed written concession agreeing trial court was wrong and that motion to suppress should have been granted. CASE DISMISSED.

People v. GM (Santa Ana) – Appellate Division unanimously reverses client’s DUI conviction. Client convicted of fourth DUI after jury trial. Mr. Devore became counsel on appeal and filed brief showing trial judge had violated client’s’ rights to due process, to counsel, and to a fair jury trial by unfairly cutting off trial counsel’s closing argument without fair warning. CONVICTION REVERSED, NEW TRIAL ORDERED

People v. AB (Los Angeles) - Appellate Division unanimously agrees that fine imposed after client’s misdemeanor battery conviction was excessive. Mr. Devore became counsel on appeal and filed brief arguing that client was entitled to benefit from a change of law that occurred after being placed on probation. Appellate Division agrees that in light of new law, the fine imposed by trial court was excessive under the law. Appellate Division ordered trial court to substantially lower the fine in conformity with new sentencing guidelines.

People v. HN (Santa Ana) - Superior Court grants Petition for Writ of Error Coram Nobis. Client, a native of Vietnam, was facing removal from United States due to 25-year old felony convictions for Conspiracy to Commit Auto Tampering and Grand Theft. Mr. Devore filed a writ petition arguing that case law established several years prior to client’s guilty plea that there is no such crime as Conspiracy to Commit Auto Tampering. Court agrees, vacates dismissed client’s conspiracy conviction in the interests of justice and reduces his grand theft conviction to a misdemeanor. CLIENT AVOIDS DEPORTATION.

People v. RB (Lancaster) – Superior Court grants Petition for Habeas Corpus and reduces client’s sentence on multiple drug convictions from seven years to six years. Client convicted of bringing methamphetamine into the jail on two separate occasions. Client admitted many prior felony convictions. Mr. Devore became counsel on appeal and researched client’s prior record. Mr. Devore filed petition showing that one of client’s prior convictions had been reduced to a misdemeanor two years before the current case occurred. SENTENCE VACATED, CLIENT SENTENCED TO NEW, LOWER TERM.

LL v. DMV - (Santa Ana) - Superior Court grants Petition for Writ of Mandate. Client’s driver’s license had been suspended for two years due to his second DUI conviction within the last 10 years. Mr. Devore was retained to appeal the DMV hearing officer’s findings. Mr. Devore successfully argued that the police officer’s written report was contradicted by the video evidence. DMV order set aside over the objection of the Attorney General. CLIENT’S DRIVER’S LICENSE REINSTATED

RV v. DMV – (Santa Ana) - Superior Court grants Petition for Writ of Mandate. Client’s driver’s license had been suspended for 2-years due to his second DUI conviction within the last 10 years. Mr. Devore was retained to appeal the DMV hearing officer’s findings. Mr. Devore successfully argued that the police officer’s written report was contradicted by the video evidence. DMV order set aside over the objection of the Attorney General. CLIENT’S DRIVER’S LICENSE REINSTATED

People v. J.V. (Santa Ana)- Appellate Division unanimously reverses client's trespass conviction and orders case dismissed without a retrial. Client, who had no previous criminal record, had been placed on probation and ordered to perform 80 hours community service and pay a $1500 fine. Mr. Devore successfully argued that the trial court committed multiple errors relating to jury instructions, including misinstructing the jury on the intent require to commit the offense, and refusing to define the term "occupy" for purposes of the trespass statute, despite its multiple everyday dictionary definitions. Mr. Devore further convinced the Appellate Division that even if the jury had been correctly instructed, no reasonable jury could have found client guilty, and in fact, the trial court erred by even letting the case go to the jury, as it should have granted client's motion to dismiss for lack of evidence at the conclusion of the People's case.

People v. S.A. (Santa Ana) - Appellate Division unanimously reverses trial court, orders client's motion to suppress two methamphetamine pipes granted, client's 70-day jail sentence vacated, and her misdemeanor conviction for possession of narcotics paraphernalia reversed and dismissed. Trial court had denied client's pre-trial motion based on the "plain view doctrine". Mr. Devore successfully convinced Appellate Division that the arresting officer was only able to see the methamphetamine pipes in question because he had unlawfully detained the client beforehand without reasonable articulable suspicion to believe she was involved in criminal activity, thus depriving client of her Fourth Amendment right to be free from unreasonable searches and seizure.

People v. S.D. (Santa Ana) – Appellate Division unanimously reverses client's jail sentence and five misdemeanor convictions related to impersonating a police officer and resisting arrest. Appellate Division rules that trial court violated client's constitutional rights to due process and trial by jury.

People v. G.B. (Santa Ana) – Appellate Division unanimously reverses client’s 90-day jail sentence and conviction for trespass due to error in jury instructions.

People v. W.E. (Santa Ana) – Appellate Division unanimously reverses client’s jail sentence and conviction for possession of narcotics paraphanelia due to judge unlawfully coercing client to plead guilty.

People v. A.M. (Santa Ana) – Appellate Division unanimously reverses client’s convictions for vandalism and trespass due to trial court’s unlawful restriction of client’s constitutional right to cross-examination.

People v. S.G. (Riverside / Indio) – Appellate Division unanimously reverses client’s misdemeanor conviction for trespass due to error in jury instructions. Case, which involved the 80-year old defendant being forcibly removed from the famous La Quinta resort despite not doing anything wrong, turned on how the term “not open to the general public” should be defined, as that term had never been defined under the law for purposes of criminal trespass. Mr. Devore successfully convinced the court that the definition of “not open to the general public” given to the jury by the trial judge violated the defendant’s constitutional rights .


Notable Results

People v. RA (Newport Beach and Santa Ana). – Client had been ordered deported over 15 years earlier due to substantial criminal record. However, he had not physically removed from the United States because of diplomatic disputes with his native Iran. Mr. Devore filed three separate motions in two different courts under newly-enacted Penal Code section 1473.7. All three cases reversed over District Attorney’s objection. ALL CASES DISMISSED

People v. PZ (Santa Ana). Client, a native of Iran, was facing removal from United States due to 20-year old felony firearm conviction. Mr. Devore filed a motion to vacate under newly-enacted Penal Code section 1473.7. Motion to vacate granted over District Attorney’s objection. CASE DISMISSED

People v. L.W. (LAX Court) – Client’s vehicle was “t-boned” by another vehicle. Both drivers claimed to have a green light. Client had a .08 blood alcohol level. Other driver was sober. Mr. Devore successfully showed that the accident was the other driver’s fault and that there were credibility issues with the breath test. DUI charges dismissed. Case dismissed when client completed traffic school.

People v. D.M. (Santa Ana) –Client, a professional hockey player and former collegiate All-American indicted by Grand Jury on multiple counts of raping Newport Beach woman. MOTION TO DISMISS INDICTMENT GRANTED DUE TO DISTRICT ATTORNEY WITHHOLDING EXCULPATORY EVIDENCE FROM THE GRAND JURY. In dismissing case the court rules that the Grand Jury would not have indicted the client, had the District Attorney not withheld information in the government’s possession which seriously undermined the credibility of the alleged victim and her witness / friends.

People v. E.R. (Santa Ana) Client charged with possessing heroin for sale after police searched her house pursuant to a search warrant. MOTION TO DISLCOSE CONFIDENTIAL INFORMANT GRANTED. CASE DISMISSED WHEN DISTRICT ATTORNEY REFUSES TO OBEY COURT ORDER.

People v. T.T. (Newport Beach) - Client charged with possession of burglary tools after probation search yielded master keys and key making equipment. Client confessed to making keys and attempting to break into storage units. MOTION TO SUPRESS CONFESSION FOR FAILING TO ADVISE CLIENT OF MIRANDA RIGHTS GRANTED, CASE DISMISSED.

People v. V.L. – (Santa Ana) - Client charged with domestic violence-related vandalism for slashing ex-wife’s boyfriend’s car tires. Client confessed to crime on video. MOTION TO SUPRESS CONFESSION FOR BEING UNLAWFULLY RECORDED WITHOUT CLIENT’S KNOWLEDGE GRANTED, CASE DISMISSED.

People v S.F. – (Westminster and Newport Beach) – Client charged in two separate cases with violating restraining order. Client confessed to three separate violations. BOTH CASES DISMISSED.

People v. C.M. (Fullerton) – Client charged with residential burglary. MOTION TO DISMISS GRANTED.

People v. C.H. (Santa Ana) – Client stopped for traffic violation, charged with possession of methamphetamine for sale. MOTION TO SUPPRESS EVIDENCE DUE TO ILLEGAL POLICE SEARCH GRANTED, CASE DISMISSED.

People v. S.L. (Santa Ana) –Client indicted by Grand Jury on charges of Conspiracy to Make a False Financial Statement and Making a False Financial Statement to Obtain Credit. MOTION TO DISMISS INDICTMENT FOR INSUFFICIENT EVIDENCE GRANTED, CASE DISMISSED.

People v. A.H. (Santa Ana) – Client charged with Commercial Burglary and Using Stolen Credit Cards – CASE DISMISSED.

People v. H.H. – (Fullerton) – Client charged with DUI and Hit and Run. CASE DISMISSED.

People v. F.C. (Fullerton) – Client charged with residential burglary while armed with a firearm. Charges reduced and client sentenced to 35 days jail plus drug rehabilitation program.

People v. I.V. – (Newport Beach) – Client charged with felony receiving stolen property for selling $10,000 worth of stolen gold. Charges reduced to misdemeanor, no jail.

People v. S.N. (LAX Court) – Client charged with DUI after .09 breath test. Charges reduced to aiding and abetting a speed contest.

People v. T.I. – (Laguna Niguel) – Client charged with DUI, refusing blood alcohol test, and hit and run. Case reduced to wet reckless.

People v. M.S. – (West Covina) – Client charged with .10 DUI. Charges reduced to wet reckless.


Jury Trial Results

People v. P.A. (Fullerton) - Def charged with 5 counts of grand theft. NOT GUILTY .

People v. M.H. - (Laguna Niguel) Def. charged with child abuse. NOT GUILTY.

People v. M.K. (Laguna Niguel) - Def. charged with possession of drugs. NOT GUILTY.

People v. M.B (Fullerton) - Def charged with petty theft. NOT GUILTY.

People v. S.K. (Laguna Niguel) - Def. charged with 2 counts of burglary and 1 count of vandalism. NOT GUILTY on burglary counts, hung jury on vandalism, CASE DISMISSED
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The Law Offices of Mark S. Devore, APC proudly serves all communities in Los Angeles/Orange County and the surrounding areas, including Aliso Viejo, Anaheim, Balboa Island, Brea, Buena Park, Capistrano Beach, Corona, Costa Mesa, Coto de Caza, Cowan Heights, Cypress, Dana Point, Del Mar, El Modena, El Toro, Foothill Ranch, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, LA, La Habra, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Leisure World, Lemon Heights, Los Alamitos, Los Angeles, Long Beach, Mission Viejo, Modjeska Canyon, Newport Beach, Orange, OC, Orange Park Acres, Placentia, Rancho San Margarita, Riverside, Rossmoor, San Bernardino, San Clemente, San Diego, Santa Ana, Seal Beach, Silverado Canyon, Stanton, Sunset Beach, Surfside, Temecula, Tustin, Ventura, Villa Park, Vista, Westminster, Yorba Linda, and Van Nuys













People v. LW (LAX Court) – Client charged with DUI. Breath test .08. Charges reduced to traffic infraction and case dismissed with traffic school.
People v. S. G. (Riverside) - Appellate Division unanimously reverses client’s misdemeanor trespass conviction due to error in jury instructions.
People v. J.V. (Santa Ana) - Appellate Division unanimously reverses client's trespass conviction, ruling that 1) trial court committed multiple errors relating to jury instructions; and 2) even if jury had been correctly instructed, no reasonable jury could have found client guilty. CASE DISMISSED.
People v. M.R. (Santa Ana)- Court of Appeal reverses ex-NFL star’s 13-year prison sentence for drug-related probation violations and orders him released due to violations of due process and insufficient evidence.
Read the Orange County Register article
-See link to story published on ESPN.com.
People v. K.P. (Santa Ana) - Court of Appeal unanimously reverses jury's "true" finding that client inflicted great bodily injury upon the victim during the commission of a hit and run. Client's 10 year, 8 month sentence reduced to 6 years.
-Read article in OC Weekly.
People v. S.A. (Santa Ana)- Appellate Division unanimously reverses trial court, orders client's motion to suppress granted, client's 70-day jail sentence vacated, and her misdemeanor conviction for possession of narcotics paraphernalia reversed and dismissed.
People v. S.D. (Santa Ana) - Appellate Division reverses client's jail sentence and five misdemeanor convictions relating to impersonating a police officer and resisting arrest. Appellate Division rules that trial court violated client's constitutional rights to due process and trial by jury.
People v. J.Z. (Santa Ana) - Court of Appeal reverses client's 4-year sentence and conviction for felony residential burglary involving $30,000 worth of jewelry due to faulty jury instructions.
People v. D.M. – (Santa Ana) - Superior Court dismisses multi-count rape indictment based on District Attorney’s withholding evidence from the Grand Jury.
People v. E.R. (Santa Ana) - Client charged with posessing heroin for sale after police searched her house pursuant to a search warrant. Motion to Dislcose Confidential Informant granted
CASE DISMISSED
People v. T.T. (Newport Beach) - Client charged with possession of burglary tools after probation search yielded master keys and keymaking equipment. Client confessed to making keys and attempting to break into storage units. Confession supressed for Miranda violation.
CASE DISMISSED
People v. C.H. (Santa Ana) - Client stopped for traffic violation, charged with possession of methamphetamine for sale. Motion to suppress granted.
CASE DISMISSED
People v. V.L - (Santa Ana) - Client charged with vandalism for slashing ex-wife's boyfriend's car tires. Client confessed to crime on video. Confession suppressed as being unlawfully obtained.
CASE DISMISSED
People v. S.N. (LAX Court) - Client charged with DUI after .09 breath test. Charges reduced to aiding and abetting a speed contest.
People v. T.I. - (Laguna Niguel) - Client charged with DUI, refusing blood alcohol test, and hit and run.
Case reduced to wet reckless.
People v. C.S. (San Diego) - Court of Appeal reverses client's 10-year sentence and convictions for possession of drugs and stolen credit cards due to unlawful search and seizure
People v. C.S. (San Diego) - Court of Appeal reverses client's 10-year sentence and convictions for possession of drugs and stolen credit cards due to unlawful search and seizure

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