6DCA Oral Argument - 2026/07/07 Afternoon Session - Jul 07, 2026
argument6DCA Oral Argument - 2026/07/07 Afternoon Session
California Sixth District Court of Appeal
1h 1m
8 chapters
transcribed 10 days ago
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Transcript generated automatically by AI and may contain errors.
What are the procedural introductions and remote participation guidelines for the court session?
Good afternoon, please be seated and welcome to the sixth district court of appeal for oral argument. We have three matters on uh calendar this afternoon. And we will be having panel changes uh in between each case. Um so we do have some um Uh attorneys who are appearing um remotely or litigants who are appearing remotely today. So for those of you in the audience, I want you to know that um you will be able to hear but you won't be seeing them. If you're at council table you can have the benefit of both seeing and hearing these folks. We're very um pleased to be able to r uh offer remote access and view it as an access to justice issue, but we don't have a screen here in the courtroom. If you want to be able to see and hear
You can step into the waiting room. um where we have live streaming and in addition we uh archive and post our oral argument on our website almost immediately after it's completed so you would have the opportunity there as well. Um also on the uh the issue of technology, the justices have laptops up here on the bench. Um and you'll see us looking off to the right. Uh we have our briefs. The рекорд, арноц, еврей да ви не ордету. uh make determinations in the cases so don't be surprised if you see us doing that. Give me just a minute and we will start.
First matter on calendar is the people, plaintiff and respondent versus Angel Odon Herrera. Defendant and appellate. If I could have uh appellants counsel state your appearance sir and um provide at your time estimate.
Uh Paul Krauss, Your Honor, K R A U S for Mr. Herrera. Uh Uh twelve minutes and I'd like to reserve five for rebuttal.
Um so we have a fifteen minute maximum, so uh twelve and three. Will that work or do you want ten and five?
We'll just do ten and five.
All right, thank you. Um and uh for uh the government.
Good afternoon, Your Honors, Andrew Haney, on behalf of the people. Ten minutes.
All right, thank you, Mr. Haney. Mr. Krass, let's return to you and you may start.
Thank you, Your Honor. The language that the court is construing is The following The application of an enhancement could result in a sentence of over twenty years. In this instance the enhancement shall be dismissed. And the task of the court is to select the construction that comports most closely with the legislature's apparent intent. with a view to promoting rather than defeating the statute's general purpose. This court would be doing in this case or is doing in this case exactly what it did in the Ortiz case. In the Ortiz case The the question was whether there was a a a mitigating factor of connection of an offense to a mental illness. And the question was whether there was a some sort of presumption in favor of dismissal if that uh if that the facts concerning that factor were found.
And the court didn't just say There's nothing in the statute about a presumption we're not going to uh we're not going to put one in there. The court did note That There wasn't one, but it went further, and specifically at page ten ninety seven, it says the language of this subsection as ultimately enacted also reflects the legislative recognition that a trial court's exercise of sentencing discretion involves more than a strict binary weighing of mitigation against public safety. So the court not only construe the statute as a whole But said specifically that the application or operation of this factor is is subject to the s the the general uh statements of the statute requirements of the statute that granting of a of a dismissal of an enhancement not endangered public safety and be in the interest of justice.
That is e exactly what the court didn't do in the Torres matter. in which the court found that this factor in mitigation here, the the the the um Sentence in access of twenty years only applies when the base term is less than twenty years. The court there said, Well, Just looking at the clear language of the statute. It doesn't say that. We're not going to do that and in the within the hierarchy of of factors that the court considers
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Chapters
8 chapters
1
What are the procedural introductions and remote participation guidelines for the court session?
4:07–11:13
2
What is the central legal issue in the Herrera case regarding sentencing enhancements?
11:13–17:39
3
How does counsel Kraus argue the interpretation of the enhancement statute and legislative history?
17:39–26:38
4
What arguments does Haney present about statutory construction and the Ortiz precedent?
26:38–35:24
5
How does the Garcia case illustrate the project‑influence rule and the reasonable probability of rezoning?
35:24–41:41
6
What procedural matters are addressed during the panel change and introduction of the Morgan Hill case?
41:41–49:59
7
How do the parties argue the child‑support modification and contempt issues in the Bailey case?
49:59–55:06
8
What are the concluding remarks and next steps after the oral arguments?
55:06–1:00:54
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