Tomorrow morning, the Supreme Court will file its opinions in People v. Cooper and People v. Catarino. (Briefs here and here; oral argument videos here and here.)
The Cooper opinion will be the second in the four cases argued in March. Catarino was argued on the six-case April calendar and the opinion in that case is filing more quickly than usual; although the court always complies with the 90-day rule, the opinions most often don’t issue until more than 60 days after oral argument.
Opinions in the remaining two undecided March calendar cases should file by June 5. Five other April cases are due to be decided by July 3. A decision in one last February case — the death penalty appeal in People v. Wilson — isn’t due until June 15 because of post-argument supplemental briefing.
When the court granted review last May in Cooper, it limited the issue to: “Must any of defendant’s sentencing enhancements be vacated due to recent statutory changes requiring that the offenses necessary to establish a ‘ “pattern of criminal gang activity” . . . commonly benefited a criminal street gang, and the common benefit from the offense is more than reputational’ (Pen. Code, § 186.22, subd. (e)(1), as amended by Stats. 2021, ch. 699, § 3)?” (Link added.)
In Catarino, the court limited the issue to: “Does Penal Code section 667.6, subdivision (d), which requires that a ‘full, separate, and consecutive term’ must be imposed for certain offenses if the sentencing court finds that the crimes ‘involve[d] the same victim on separate occasions,’ comply with the Sixth Amendment to the U.S. Constitution?” The court granted review in January 2022.
The opinions can be viewed tomorrow starting at 10:00 a.m.