Metropolitan News-Enterprise

 

Wednesday, March 2, 2022

 

Page 3

 

C.A. Converts Appellant’s Name to Initials

 

By a MetNews Staff Writer

 

Div. Two of the Fourth District Court of Appeal yesterday modified its Feb. 22 opinion in the case of a 22-year-old man who committed his crimes at age 15 by substituting initials for his name, although the actual name has been publicly disclosed by the panel twice in opinions that are readily accessible on the Internet, as well as subscription-based services such as Westlaw.

The Riverside-based panel filed its initial opinion, which was not certified for publication, last Oct. 27, identifying the appellant in the caption as Elijah Tirek Hall and in the body of the opinion as Elijah Hall, and naming his accomplice as Anthony Torres. The opinion affirmed the judgment of the Juvenile Court which was rendered after Hall’s conviction in criminal court and sentence of 65 years to life in prison were invalidated by virtue of legislation disallowing the trial of minors as adults before the age of 16.

The Oct. 27 opinion was vacated on Nov. 17 when Hall’s petition for a rehearing was granted. The parties were ordered to brief the effect on the case of AB 333, signed into law on Oct. 8, redefining “pattern of criminal gang activity” and “criminal street gang” for the purposes of sentence enhancement.

In the Feb. 22 opinion, which was certified for publication, it was held that AB 333 “requires reversal of the true findings on the substantive gang offense and enhancements because the new law increased the proof requirements under the gang statute.” The case was remanded to the Juvenile Court.

Aside from being available on the Internet, the opinion was published in print form by the METNEWS and at least two other newspapers.

Justice Marsha G. Slough authored the opinions, joined in the Acting Presiding Justice Art W. McKinister and Justice Frank J. Menetrez.

Slough signed yesterday’s order converting “Elijah Hall” to “E.H.” and “Anthony Torres” to “A.T.” and McKinister and Menetrez joined in it.

The case is now People v. E.H.

 

Copyright 2022, Metropolitan News Company