CDCR has collaborated with trans METRO to provide free bus transportation to all 34 adult prisons- California

This October post is just a quick IMPORTANT ANNOUNCEMENT for all the Families of the Incarcerated.  

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 The California Department of Corrections and Rehabilitation (CDCR) has collaborated with Transmetro to provide free bus transportation to all 34 adult prisons in California as part of the department's commitment to enhancing access to visitation for incarcerated people and their loved ones.

TransMETRO is hosting the bus trip under a contract with CDCR. TransMETRO's ride-request system has been updated. To request a bus trip please submit an e-mail to: cdcr@transmetro.org up to three weeks before your visit. 

Please include the following information in your email: 

 • First and last name of any visitor(s) accompanying you on the trip 

 • First and last name of incarcerated person you are visiting. Please include CDCR number if known

 • Name of prison you are visiting. Use CDCR's Inmate Locator to verify the location in which your loved one resides. 

 • Date of visit 

 • Region you would like to be picked up from: 

        o Central: Riverside, Pasadena, Lancaster 

        o Southern: San Diego, Long Beach, Bakersfield 

        o Northern: Redding, Chico, Sacramento, Stockton 

        o Bay Area: Richmond, Oakland, San Leandro, San Jose Seats are reserved on a first-come, first-                serve basis. 

Please visit the Frequently Asked Questions section below for answers to all of your questions regarding riding transMETRO. A week prior to a scheduled trip, confirmed riders will receive an email with important details including pickup and drop-off locations and times. 

Potential visitors must also separately make a visiting appointment via the Visitation Scheduling Application (VSA). Directions for utilizing VSA to make a visiting reservation can be found here. 

 

David Maldonado 

Deputy Chief, Office of External Affairs (OEA)

 Office of Public and Employee Communication (OPEC) 

CA. Dept. of Corrections & Rehabilitation (CDCR)

SB 1437: People v. Vang , (8/5/2022): the meaning of the term “actual killer.” District: 3 DCA , Case #: C090365

This article is republish (for educational purposes) from the CCAP organization. Central California Appellate Program (CCAP) is a nonprofit law office. 

A big thank you for the analysis of the case below. 

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  People v. Vang, District: 3 DCA , Case #: C090365 Opinion Date: 8/5/2022  

 Case Holding: The term “actual killer” in Penal Code section 189, subdivision (e), means the person who personally committed the act that directly caused the victim’s death. Vang was convicted of numerous offenses, including the first degree felony murder of his wife with a kidnapping-murder special circumstance. The prosecution’s theory was that Vang kidnapped his wife, who was killed when she jumped out of his moving truck to escape. The prosecution argued that even if Vang did not personally kill the victim he still was liable for her murder because he committed an inherently dangerous felony—the kidnapping—that proximately caused her death. 

On appeal, Vang argued the jury was misinstructed to allow conviction based on an invalid theory of general causation. Held: Reversed and remanded. Senate Bill No. 1437 narrowed the circumstances under which a defendant can be convicted under the felony-murder rule. It amended section 189 by adding subdivision (e), which provides that a participant in the perpetration of a qualifying felony is liable for felony murder only if he is the actual killer, acted with the intent to kill, or was a major participant in the underlying felony who acted with reckless indifference to human life, as described in Penal Code section 190.2, subdivision (d). 

The dispute in this case was over the meaning of the term “actual killer.” The legislative history of SB 1437 supports the conclusion that the Legislature understood the term “actual killer” to mean the person who “personally” commits the homicidal act. Here, the jury instructions did not provide a proper definition of “actual killer” and allowed the jury to find Vang guilty of felony murder, and to find the special circumstance true, if it determined he “caused” the victim’s death based on general causation principles. This was an invalid legal theory and reversal was required. 

Additionally, because the evidence was insufficient to support the theory of guilt on which the jury was instructed, Vang cannot be retried on the felony-murder theory or the felony-murder special circumstance.

 [CCAP Editor’s Note: The court expressed no opinion on whether double jeopardy would prohibit Vang’s retrial for murder under another theory.] 

 

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/C090365.PDF

Saturday 8/27/22: Seminar from LSA (Life Support Alliance) in So. CA.: First since the 2020 Pandamic

July is the month for the editor to take a break so no official BLOG. 

Instead of our normal BLOG ---->

We thought we would pass along the long awaited Seminar from LSA (Life Support Alliance)- Lifer Family Seminar Outlook for 2022. All are invited to attend, including Family of the Incarcerated, new attorneys, and everyone else interested in helping their Loved Ones (LO) that is incarcerated for a long term.  

 Sponsor of the seminar: LSA   staff@lifesupportalliance.org

David and Vanessa can be reached at : 

P. O. Box 277

Rancho Cordova, CA.  95741

916-402-3750

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1. Hear from advocates, Attorneys, and paroled Lifers 
2. A Day of Learning and Support
3.  New Laws and Policies Resource for Lifers and Families
4. Insight and Building a Parole Plan 
5. This Seminar fee covers Materials and Lunch 

So many people were asking about a Southern California seminar from LSA. This will be their first since the 2020 Pandemic. 

 $50 at the door or you can register on the link for Early Bird Special of $45 here: 

2022-yorba-linda-lifer-seminar  Registration

WHEN: Saturday  8/27/2022 8:00 am to 3:30pm 

WHAT: Seminar from LSA in Southern California 

WHERE: Parking ON-Site 

     Richfield Comm. Church 

     5320 Richfield Rd 

     Yorba Linda, Ca 92886 

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Feedback from the LSA Sacramento seminar in June 2022:

At this moment I can just say it was divine. It was Clear to Me, God was pleased. Thank you, David, and Vanessa, I loved the seminar. It exceeded my expectations. It was perfect in every way: The speakers, the group leaders. the attendees, the attorneys in attendance. You and Vanessa, I felt the love with which you planned and executed the seminar.

 David and Vanessa, GREAT WORK again.  (Penny S.)

 

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LSA MISSION STATEMENT

 Our mission is to identify the needs and concerns of the greater lifer population and community, to assist lifers in becoming suitable for parole and articulating that suitability to the Board of Parole Hearings.  To educate the public and encourage dialogue between stakeholder groups on rehabilitation and reentry and to assist lifers and their families in understanding the parole system.  We are the voice and presence of lifers in the community.