1DCA Division 2 Oral Argument - 2025/09/16 - Sep 16, 2025
argument1DCA Division 2 Oral Argument - 2025/09/16
California First District Court of Appeal
50 min
5 chapters
transcribed 7 days ago
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Transcript
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Transcript generated automatically by AI and may contain errors.
What are the procedural introductions and case assignments at the start of the oral argument?
Good morning, everyone. Um you may be seated. So we have a very um light calendar today and as you can see or maybe you can see Justice Richmond is with us remotely. And uh This was the panel for both cases, so Um I will call them in the order they'll be heard and if you would um state your appearances when I call your case, that would be great. Um people versus McMahon.
James Donnelly for Appell and Sean McMahon.
Matthew, I've learned for a smallness. Um and then the second case is conservatorship of CS. Good morning, all right. Jason Sophie for Seattle.
Good morning, Your Honor. David Lesby for the Sonoma County Public Conservator.
Great. Thank you. So um we'll hear the McMahon case. Uh Mr Donnell you can.
Yes, good morning, Your Honor. Um, I'd like to address the court's focus letter uh first regarding people versus Torres's interpretation of you know code section thirteen eighty-five subdivision C two C. I I do disagree with that interpretation. I think first of all, I think it's inconsistent with prior decisions, this court's decision. In Lipscomb, Mendoza, and Rentaria. Those cases all addressed the then defense theory that the provision required mandatory dismissal whenever it applied. One of the reasons the courts all concluded, rejected that theory was that that would result in implied repeal of enhancements that the themselves carried a sentence of over 20 years. This court in Lipscomb notably said that if the defendant's theory was correct, 12022.53 subdivision D could never be imposed under any circumstances.
Obviously, that's not the case if, as Torres subsequently concluded, the provision depends on um the length of the base term. I also think uh on the language itself, the Torres's interpretation is overly narrow. It seems to infer uh but for causal relationship with the um from the could result language. I think um I think this provision applies wherever the total wherever The sentence following the application of the uh enhancement exceeds 20 years. The court and Torres did cite um Merriam-Webster dictionary, but it didn't actually quote the definition. The online version I found says that um defines the verb result as to proceed or arise as a consequence. effect or conclusion. I think that cuts significantly more broadly than um than the sort of butt for causation that Torres seems to imply.
I think it it again it could apply where the total sentence following the enhancement exceeds 20 years. I also think that the interpretation is contrary to the legislative intent. Um as this court's aware, the SB 81 was enacted in response to the committee on the revision of the penal codes. 2022 report and recommendation where they they created essentially a draft framework for where enhancements could get dismissed with mitigating circumstances. One of the mitigating circumstances in that um was where the total sentence is over 20 years. Um that was the initial language and SB 81. It was subsequently revised to the current language, but the committee reports continued to refer to the provision as codifying the CRPC's recommendation.
So and even the one of the assembly committee reports. Continue to refer to the total sentence language. There's nothing, I don't think, in the legislative history that indicates that there was an intempt to change the language. I think the language more likely signifies a recognition that no sentence has yet been imposed at the time a court's considering its 1385 C discretion, and it's looking forward uh to what the sentence could be. And um that's what the change in language means, not that uh the enhancement standing alone uh is what takes the sentence from below 20 years to above 20 years.
Um Mr. Dunway Saulfield, um I have a question in the context of Um the appellate issues in this case, um one of your issues is the that the court um aired. in not granting that uh mitigating relief Um and that if the claim was forfeited because counsel failed to bring it up. At the hearing. that it was ineffective assistance of counsel. Are do I have that correct?
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Chapters
5 chapters
1
What are the procedural introductions and case assignments at the start of the oral argument?
0:11–7:18
2
How does counsel for People v. McMahon argue the interpretation of Penal Code §1385(C) and its sentencing impact?
7:18–17:47
3
What is the debate over ineffective assistance of counsel and the Torres interpretation in the McMahon case?
17:47–32:39
4
How do the parties address the self‑defense and imperfect self‑defense instruction issues?
32:39–47:38
5
What arguments are presented regarding the aggravating factors and sentencing enhancements in the murder case?
47:38–50:23
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