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Decisions re Presentence Credit Issues & Administrative Matter

By FindLaw Staff on May 06, 2010 1:32 PM

In County of San Diego v. Alcoholic Beverage Control Appeals Bd., No.D055745, the Fourth District dealt with a county's petition for a writ of review, challenging the assignment of an ALJ by the Department of Alcoholic Beverage Control to conduct an administrative hearing on their protests against a liquor license application by a resort and casino establishment. 

The concluded that the Department did not proceed in a manner contrary to law or in excess of its jurisdiction when it directed the ALJ, who is not a judge with the Office of Administrative Hearings, to hear and decide the protests at issue because Bus. & Prof. Code section 24210 authorized the Department to employ its own administrative law judges for the purpose of conducting all hearings under the Alcoholic Beverage Control Act. Furthermore, the court held that the ALJ properly denied plaintiff's peremptory challenge and was not required to unilaterally disqualify himself from hearing the matter. 

People v. Norton, No. A123659, concerned whether defendant was entitled to additional presentence conduct credit under pursuant to an amendment in a prosecution for felony offense of domestic violence.   The court concluded that defendant is entitled to additional presentence conduct credit under the 2009 amendments to Penal Code section 4019 as such amendments must be given retroactive effect.     

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