Preview

Case Brief People V Green

Satisfactory Essays
Open Document
Open Document
417 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Case Brief People V Green
Jessica Feeney
Paralegal 246
Monday / Wednesday 7 – 10:10pm

People v. Green
163 Cal.App.3d 239, 205 CalRptr.255 (Cal App 2 Dist. 1984)

Facts: The defendant Vencil Green was charged and convicted of 12 felony offenses. The defendant used a gun to commit robbery and kidnaping for the purpose of robbery. At trial court the defendant presented expert testimony that the defendant’s history of heavy usage of PCP and other illicit drugs that has affected his brain and his ability to have committed the alleged crimes with intent, the trial judge rejected the defense.
Procedural History: This case was appealed by the defendant to the California Court of Appeal; Second District after a trial court convicted the defendant on 12 felony offenses. The California Court of Appeals upheld the conviction of the trial court.
Facts: The defendant Vencil Green was charged and convicted of 12 felony offenses. The defendant used a gun to commit robbery and kidnaping for the purpose of robbery. At trial court the defendant presented expert testimony that the defendant’s history of heavy usage of PCP and other illicit drugs that has affected his brain and his ability to have committed the alleged crimes with intent, the trial judge rejected the defense.
Issue: Was there sufficient evidence to support that the defendant had specific intent to commit the crimes or robbery and kidnapping for the purpose of robbery?
Reasoning: The testimony of a series of victims to the events that led up to the defendant’s arrests infer that the defendant was aware of what he was doing, and had the ability to make and carry out a plan for his crimes. There was substantial evidence to find that the defendant planned to, intended to, and in fact did rob and kidnap the victims as alleged, and intended to take and keep their property permanently from them. The defendant committed a series of robberies and kidnappings was arrested, was then released on bail then proceeded to commit another

You May Also Find These Documents Helpful

  • Satisfactory Essays

    The above listed defendant robbed the Kum & Go Convenience Store at gunpoint. This subject fled from Kum & Go and jumped into a getaway vehicle parked south of the store. Through interviews with other parties involved, the above defendant was identified as the subject who robbed the store.…

    • 59 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Renee Fox Case

    • 631 Words
    • 3 Pages

    The defendant, Renee Fox, has been charged with aggravated robbery under the theory of accountability in Cook County Illinois. The charges arise out of an alleged aggravated robbery committed by Steven Sharp on August 10th, 2016 at Rub’s Backcountry Smokehouse. Fox was arraigned on August 11th, 2016 and is awaiting trial in Cook County Superior Court. The subsequent facts outline the alleged offense and the surrounding circumstances that relate to these charges. This memorandum’s purpose is to determine the likelihood of proving Fox guilty of aggravated robbery under the theory of accountability.…

    • 631 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Cj227 Unit 4 Project

    • 943 Words
    • 4 Pages

    Since John was in custody, what are the procedural steps the police were required to take once John began to incriminate himself? The police have no obligation to stop John Doe from making any statements. “Excited Utterance” made by a defendant before being questioned are admissible as statements given under Miranda advisement. Once the police begin to question John Doe regarding the theft, then they are required to read or provide Mr. Doe with his Miranda Warnings. Miranda rights (Miranda rule, Miranda warning) n. the requirement set by the U. S. Supreme Court in Miranda v. Alabama (1966) that prior to the time of arrest and any interrogation of a person suspected of a crime, he/she must be told that he/she has: "the right to remain silent, the right to legal counsel, and the right to be told that anything he/she says can be used in court against" him/her. Further, if the accused person confesses to the authorities, the prosecution must prove to the judge that the defendant was informed of them and knowingly waived those rights, before the confession can be introduced in the defendant's criminal trial. The warnings are known as "Miranda Rights" or just "rights." The Miranda rule supposedly prevents self-incrimination in violation of the Fifth Amendment to the U. S. Constitution. Sometimes there is a question of admissibility of answers to questions made by the defendant before he/she was considered a prime suspect, raising a factual issue as to what is a prime suspect and when does a person become such a suspect?…

    • 943 Words
    • 4 Pages
    Better Essays
  • Powerful Essays

    This case involves the suspect being arrested for H&S 11377(a)-Possession of Methamphetamine, H&S 11364(a)-Possession of drug paraphernalia and PC 148(a)(1)-Resisting/Delaying a Peace Officer.…

    • 1028 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    Cristabellac Case Study

    • 470 Words
    • 2 Pages

    It is understandable that when one is involved in a case that can lead to time in jail, when it is the appellants turn to talk, the appellant might say the wrong thing at the wrong time. It is known that at one point the appellant had said, he had never driven the green Cadillac that belongs to cristabel pierce. However, on page three paragraph nine evidence shows that the appellant was seen driving the green Cadillac. This shows that the appellants purpose of lying was truly to not seem guilty, and to not be incriminated by his actions. The green Cadillac that the appellant was seen driving that day belonged to Cristabel pierce, the mother of his kids. It is not a coincidence that all of the stolen property was found in cristabels house, where the green Cadillac was parked, Hernandez, who lived across the street also testified on page sixteen paragraph thirteen, that he had asked the appellant what he was doing and he replied by saying he was helping Bernadette move her things, that she knew he was there. Which is not true. Therefore, all of those incidents that prove the appellant is not speaking the truth, make him not only loose credibility but makes him seem more guilty.…

    • 470 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Dc Vs Blake Case Essay

    • 1001 Words
    • 5 Pages

    INTRODUCTION OF THE ISSUES: Police officers were called to Mr. Smith’s residency regarding a noise violation on February 4th, 2007. Officers observed the occupants, including Mr. Jonathon Blake, through the large front window of the dwelling engaged in activity that appeared to the officers as smoking marijuana. They also witnessed Mr. Blake hand over a small plastic baggie filled with suspected cocaine to another occupant. The officers were granted access to the home by Mr. Smith and noticed what appeared to be a shotgun between the couch cushions. Further inspection of the residence revealed three additional guns. Mr. Blake had a large amount of suspected marijuana and cocaine and $400 on his person. Mr. Blake is being charged with Possession of a Controlled Substance, Distribution of a Controlled Substance, and Possession of an Unregistered Firearm. It is in my professional opinion that the seized drugs are admissible to the court as evidence but the guns however, are not.…

    • 1001 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Arizona v. Gant

    • 995 Words
    • 4 Pages

    Respondent, Rodney Gant, was arrested for driving with a suspended license. Subsequent to the search of the Gant’s vehicle officers found cocaine in the back seat. At trial Gant moved to have the evidence suppressed denied that there was probable cause to search the vehicle, but did not decide to suppress the evidence. The court ruled the search to be that incident to an arrest. Respondent was found guilty and sentenced to three-year prison term.…

    • 995 Words
    • 4 Pages
    Good Essays
  • Good Essays

    3. Hurst had bound, gagged, and then stabbed his coworker over 60 times during a robbery at his place of employment. Her body was found in the freezer and the safe opened and missing hundreds of dollars. Witnesses came forth and testified that Hurst had planned to rob the store, and the night that it happened only Hurst and his now deceased coworker were the only two scheduled to work. The judge had instructed the jury that they could convict Hurst of…

    • 1163 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Borden had misdemeanors charges when she was a juvenile. Prater had been convicted of armed robbery and attempted armed robbery for which he served 5 years in prison; in addition to another armed robbery charge. However, Borden was rated high risk with a score of 8, while Prater was rated a low risk with a score of 3. Consequently, 2 years later Borden committed no other offense and Prated is serving an 8-year prison sentencing for breaking into a warehouse and stealing thousands of dollars’ worth of electronics. The study of Dylan Fugett (white) and Bernard Parker (black) both arrested for drug possession. Fugett risk score was a 3 despite being arrested for cocaine and marijuana possession. Parker was rated high risk with a score of 10. Fugett has since been arrested three more times for drug possession. Compare two DUI arrests of Gregory Lugo (white) and Mallory Williams (black) despite this being Lugo fourth DUI and the fact that he crashed into another car while drunk he was rated low risk…

    • 522 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Thomas reese

    • 374 Words
    • 2 Pages

    3We conclude that with the exception of the firearms counts, there exists sufficient evidence to support those convictions that the Reeses challenge. Accordingly, we reverse Thomas Reese's convictions for unlawful possession of firearms and affirm the other convictions involved in this appeal. We further conclude that the sentences imposed on Linda Reese were valid and must be affirmed. However, a serious question exists as to the extent to which the sentences imposed on Thomas Reese were influenced by certain ex parte information submitted by the prosecution. We therefore vacate Thomas Reese's sentences and remand his case to the district court for resentencing.…

    • 374 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Mock Trial

    • 1085 Words
    • 4 Pages

    Greeting courtroom members, I am Shaneka Lewis apart of the Defence Attorney and I will be representing my client Donovan Tisi pleading not guilty upon the robbery and bodily harm charges. On December 5th 2013 at 5:30 PM, Anver Williams had claimed to be walking home from his basketball practice where he perhaps had been wearing his brand new basketball sneakers. As Mr. Williams was walking home he decided to take a short-cut home from a dark alley way that leads to Eglinton Ave. As Anver Williams was walking he seemed to come across a group of older men. Anver Williams explained how the young men approached him and toke away his hat and his sneakers after while being brutally attacked. My question and argument court, is to why my client Donovan is being called upon out of all of the young men who had claimed to be there during this dispute, is there enough proof or evidence to show that Donovan Tisi had been there or even took part in this crime, that Anver Williams is not sure of who had harmed or robbed him? As we are gathered here court I would like you all to investigate or try to find real evidence to prove that it had been my client Donovan that shows his participation in this act.…

    • 1085 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    Charles Manson Case

    • 1158 Words
    • 5 Pages

    My topic of research is based on cases involving the convictions of those who provide accessory to (through legal or illegal substances) and direct murder. I will look at two high profile cases to compare to a local case that involved a death caused by an overdose of Heroin. The two cases I plan on comparing to the local case are those of Charles Manson and Jack Kevorkian. Manson was found guilty of First Degree Murder, Kevorkian was charged with Delivery of a Controlled Substance, and our local defendant was charged with Delivery of a Controlled Substance Causing Death. I plan on analyzing a local Denton case in order to give a plan for both the prosecution and defense side. I also plan on answering:…

    • 1158 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    The Scott Peterson Case

    • 1776 Words
    • 8 Pages

    Individuals break crimes all the time but some cases take America by storm with the mass amount of media coverage. The Scott Peterson trail is a prime example of a criminal case that took the nation by storm. What makes the Scott Peterson trail special is the fact that for the first time in California an individual was sentenced to death based solely on circumstantial evidence. In this paper I will be discussing the Scott Peterson case in three key areas background/summary, evidence, and finally crime elements.…

    • 1776 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Jacobson V. United States

    • 345 Words
    • 2 Pages

    PROCEDURAL HISTORY= This was brought to the state court were Jacobson was found guilty and then after exhausting the state level he appealed to supreme court of the United States.…

    • 345 Words
    • 2 Pages
    Good Essays
  • Good Essays

    As offenders are permitted to make deals for crimes committed because of lack of evidence, the defendants lack of knowledge of the judicial process, financial disparity, pressure to close a case, or lack of proper representation; the…

    • 444 Words
    • 2 Pages
    Good Essays