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In 1999, the man again faced a California DUI charge. A jury convicted the man of the charge at trial. The Santa Clara County judge in the case sentenced the man in 1999 to 25 years to life under California's three strikes law. The judge relied on the two prior DUI convictions as the first two strikes. The California Court of Appeals affirmed the conviction and the California Supreme Court denied review.

The U.S. Court of Appeals for the Ninth Circuit reversed the lower courts concluding that the judge made additional findings of fact regarding the prior convictions in violation of the South Bay man's due process rights. The U.S. Supreme Court has issued a number of decisions spanning more than a decade regarding a defendant's right to a jury.

At the 1999 sentencing, the prosecutor submitted documents to the court while arguing that the 1993 convictions should serve as two strikes. At issue was the conviction for inflicting bodily injury. The federal appeals court determined the trial judge found facts beyond the scope of the mere fact that the man had a previous conviction.

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The police conducted a traffic stop. The officer identified the driver as a 54-year-old San Carlos man who was reportedly driving on a suspended license for a prior California DUI conviction. Also in the vehicle were the driver's 43-year-old wife and four children ranging in age from two to eight. Law enforcement says the wife had a restraining order against the man.

San Mateo County prosecutors say that police found 14 empty beer cans and an empty bottle of rum scattered throughout the family van. Police asked the two adults to step out of the vehicle. Law enforcement says both adults had difficulty standing when they got out of the vehicle.

The driver reportedly had a blood alcohol level of .25 and the wife reportedly measured .24 BAC. Prosecutors say the family spent part of the day at Half Moon Bay. The parents reportedly drank while at the beach. One of the children reportedly told police that after the family left the beach, the driver pulled over on two occasions to drink more beer.

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Tagged in: child endangerment

A Los Angeles school police officer allegedly falsely reported a shooting last week. The Los Angeles Times reports that a senior LAPD official says the school officer's protective bullet-proof vest appeared to have been hit by a bullet. The officer reportedly suffered bruises to his chest. Los Angeles Police reportedly locked down a 7-square-mile area in response to the reported shooting.

Authorities say that the school officer has been booked on a felony charge of filing a false police report. The story that the use of a deadly weapon had occurred prompted a massive police response in the west San Fernando Valley last week.

The school officer had claimed that he confronted a man who was allegedly trying to break into cars on the El Camino Real High School Campus. He claimed his vest took a single bullet. He said he was knocked back by the impact of the bullet and hit his head in the alleged January 19 shooting.

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U.S. District Court Judge Larry Burns from the Southern District of California has been appointed to hear the case. Judge Burns asked if the defendant was able to comprehend the proceedings. The defense declined to raise the issue at this time. The judge entered not guilty pleas on Loughner's behalf.

Additional charges may be filed in the matter. Six persons were killed in the alleged shootings and 13 people were wounded. A grand jury continues to be involved in investigated evidence in the case. Prosecutors reportedly expect to file a superseding indictment in the next 30 to 45 days.

Prosecutors turned over evidence to the defense prior to yesterday's arraignment. The defense acknowledged receiving two discs from the prosecution. The discs reportedly contain hours of video retrieved from Loughner's home computer. Additionally, the defense reportedly received statements from witnesses to the alleged shootings.

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The California Supreme Court recently issued a ruling that allows law enforcement to search the texts and other data stored on a cell phone without a warrant after an arrest. Cell phones are becoming more and more sophisticated as technology advances. The data stored on a cell phone may be free game to law enforcement after an arrest under the ruling.

The case stems from a 2007 Ventura County arrest. Police arrested the defendant in the case on suspicion of committing a California drug crime. After arresting the man, police found a cell phone that the defendant was carrying. Roughly 90 minutes after the arrest, an officer searched through text messages stored on the cell phone and found a text message that allegedly incriminated the defendant.

The message reportedly read "6 4 80." Police alleged the message related to the sale of six ecstasy pills for $80. The man later confessed to the drug deal. The defendant challenged the admissibility of the evidence in court on the basis that the warrantless search was illegal.

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