Monk

People v. Monk

Good Law
21 Cal. App. Supp. 5th 1·230 Cal. Rptr. 3d 128
Superior Court of CaliforniaFebruary 20, 2018BR 053558California2,470 words

Opinion

lead Opinion

Ricciardulli, J.

*3 INTRODUCTION

Defendant Pamela Monk was found guilty of starting to cross a roadway after the "DON'T WALK" sign began flashing (former Veh. Code, § 21456, subd. (b) ). She appeals the judgment, and as discussed below, we reverse.

After she was convicted, and while her case was on appeal, the statute was amended to allow a person to start to cross an intersection after a "DON'T WALK" sign is flashing when a sign's accompanying "countdown" signal timer has not expired. In the absence of any contrary indications, we infer the Legislature intended its ameliorative change to the jaywalking law to apply to cases not yet final on *130 appeal. (See In re Estrada (1965) 63 Cal.2d 740 , 745, 48 Cal.Rptr. 172 , 408 P.2d 948 ( Estrada ); accord, People v. Rossi (1976) 18 Cal.3d 295 , 301, 134 Cal.Rptr. 64 , 555 P.2d 1313 ( Rossi ).)

BACKGROUND

Defendant was cited for violating former Vehicle Code section 21456, subdivision (b), on April 13, 2017. She pled not guilty and the case proceeded to trial.

On July 6, 2017, Los Angeles Police Department Officer Kelly testified at trial that on April 13, 2017, he checked that all the pedestrian control signals at the intersection of First and…

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