Resume

Kevin DeNoce has been appointed Court Commissioner

and is no longer in private practice.

AWARDS AND HONORS

1.) America’s Registry of Outstanding Individuals, 2003

2.) Ventura County Criminal Defense Bar Association Joyce Yoshioka Award, 2002. In Recognition of Outstanding Contribution To The Criminal Justice System.

3.) United States Congressional award from Congresswoman Lois Capps entitled "Certificate of Special Recognition" for my success in overturning the conviction of Efren Cruz who had been wrongfully convicted of murder. This certificate is dated November 29, 2001 and states that it is "In Recognition For Invaluable Service To The Community."

4.) California State Assembly award from Representative Hannahbeth Jackson for my success in overturning the conviction of Efren Cruz who had been wrongfully convicted of murder. This award is dated November 29, 2001, and is entitled "Certificate of Appreciation For Being Selected by the Santa Barbara Independent as a Local Hero."

5.) Award from the Santa Barbara Independent News paper for being a local hero in 2001 as a result of the work I did on the case of In re Efren Cruz, Santa Barbara Super. Ct. No. 1019120.

6.) President of the Ventura County Deputy District Attorney’s Association in 1995

7.) President of The Criminal Justice Attorney’s Association of Ventura County, 1995-1996

8.) Speaker at Governor Pete Wilson’s 1994 Crime Summit

9.) Outstanding Prosecutor of the Year Award in 1988 from the Ventura County District Attorney’s Office.

10.) Outstanding Prosecutor of the Year Award in 1989 from Mother’s Against Drunk Driving; and,

11.) Former Member of the California District Attorney’s Association Appellate and Legislative Committees

12.) Sworn in as Ventura County Deputy District Attorney in 1987. Promoted to Senior Ventura County Deputy District Attorney, 1993.

CURRENT POSITION

Kevin G. DeNoce was appointed Court Commissioner effective September 2007.

APPELLATE EXPERIENCE

As the head of the Appellate Division for the Ventura County District Attorney’s office from 1992 through 1996, I personally handled more than 50 appellate cases and more than 100 writs of habeas corpus, prohibition and mandamus. Some of these cases are described in detail in the "Significant Cases" section of this resume. Most recently I handled a writ of habeas corpus where my client’s conviction for murder was overturned after proving that my client was not the shooter. This resulted in the published decision of In re Efren Cruz, B154156. I have briefed and successfully argued cases before the California Supreme Court and Court of Appeal. I have won published decisions before the California Supreme Court and Court of Appeal. My appellate cases have ranged from capital crimes to simple narcotics possession charges.

EMPLOYMENT HISTORY

Appointed Ventura County Court Commissioner effective September 2007. Private practice from 1996 to 2007, handling criminal and civil cases. From 1987 through August 1996, I was employed as a prosecuting attorney with the Ventura County District Attorney’s Office. From 1992 through 1996, I was the supervising attorney for the Appellate Division. In this capacity I regularly handled cases before the Court of Appeal and California Supreme Court. In 1994, I was promoted to the position of Senior Deputy District Attorney. I served as the President of an attorneys’ Union and acted as its chief negotiator from 1995-1996. Prior to my employment with the Ventura County District Attorney’s Office, I was the head law clerk for the United States Attorney’s Office and Department of Justice Organized Crime and Racketeering Strike Force in Las Vegas, Nevada.

EDUCATION

Juris Doctor from Pepperdine University School of Law, Malibu, California

Bachelors of Arts from the University of Colorado at Boulder

SIGNIFICANT CASES

In re Efren Cruz, (B154156), a writ of habeas corpus where my client’s conviction for murder was overturned after proving that my client was not the shooter. This resulted in the published decision. The defendant had been convicted of murder and after serving four years in prison attorney Phil Dunn and I filed a petition for writ of habeas corpus claiming that the wrong person had been convicted. After a four month long evidentiary hearing, the original trial judge concluded that the wrong man had been convicted and ordered our client released from prison.

People v. Carbajal (1995) 10 Cal.4th 1114 is a published case I successfully argued before the California Supreme Court on June 8, 1995. This case originated as a People’s appeal from the Ventura County Municipal Court before the Honorable Herbert Curtis. At issue in this case was whether the victim of a hit and run offense was entitled to receive restitution from the offender for damages caused to the victim’s vehicle. I appealed this case to the California Supreme Court and argued that the standard for determining when a victim of a crime is entitled to receive restitution should be broadened to include all damages reasonably related to the crime. The Supreme Court agreed and changed the standard for determining when a crime victim is entitled to receive restitution in California. Based on the Carbajal decision, a victim is entitled to restitution for damages reasonably related to a crime. This case was heard before the California Supreme Court. Defense counsel was Bryant Villagran, Deputy Public Defender, Ventura County Public Defender’s Office, 800 South Victoria Avenue, Ventura, California 93009, (805) 654-2751.

People v. Bury (1996) 41 Cal.App.4th 1194, rev. denied, is a published case I briefed and successfully argued before the Court of Appeal as Amicus Curiae. This is the first case in the State of California and in the Nation which holds that the breath test results of an alco-sensor are admissible as evidence of a defendant’s blood alcohol level.

Buckley v. Fitzsimmons (1993) 125 L.Ed.2d 209 is a seminal case decided by the United States Supreme Court establishing the standard of liability for prosecutorial misconduct. On behalf of the California District Attorney’s Association, I prepared an Amicus Curiae Brief which was submitted to the United States Supreme Court. The attorney for respondent was James G. Sotos, Esq., 105 E. Irving Park Road, Post Office Box 247, Itasca, Illinois 60143, (708) 773-8500.

People v. David Wayne Sconce, case No. CR-27086 (April 1991) was a homicide prosecution alleging that the defendant had poisoned a rival business competitor with Oleander. This case received national notoriety which resulted in three published books, the most notable being A Family Business by Ken Englade. I was assigned as co-counsel to this case after charges were filed against the defendant. Based on my dissatisfaction with the original toxicology tests indicating that the victim had been poisoned with Oleander, I retained a Cornell University expert to perform additional testing and analysis. The additional testing and analysis I requested did not reveal the presence of Oleander in the victim, and thus the homicide charges were dismissed on the People’s own motion. I represented the People in this case. This case was heard before the Ventura County Superior Court before the Honorable Frederick Jones. Co-counsel for the People was Harvey Giss, Senior Deputy District Attorney, Los Angeles County District Attorney’s Office, 201 N. Figueroa Street, Los Angeles, California 90012, (213) 580-3200. Defense counsel was Roger Diamond, Esq., 2115 Main Street, Santa Monica, California 90405, (310) 399-3259.

People v. Jose Casteneda, case No. CR-25505 (April 1990) was a case involving a serial armed robber who had been falsely imprisoning his victims. The defendant wore a mask during the robberies and was connected to the crime scene by bullet casings found at the scene as well as his home. The case was entirely circumstantial and largely based upon ballistic evidence. The jury convicted the defendant of all counts of armed robbery and false imprisonment. I represented the People in this case. This case was heard in the Ventura County Superior Court before the Honorable Steven Perrin. Defense counsel was Joe Villasana, Deputy Public Defender, Ventura County Public Defender’s Office, 800 South Victoria Avenue, Ventura, California 93009, (805) 654-3019.

People v. Edward A. Throop, case No. CR-27969 (May 1992) was a case involving the prosecution of a minor (age 17) for multiple counts of murder committed during a drive-by shooting which took place at a baptism service. This was the first case in the State of California to apply Proposition 115's life without parole penalty to a juvenile offender. I was assigned to this case as co-counsel to litigate the application of the life without parole law which had just been adopted by the voters. Both my co-counsel and I were successful in convincing the trial court to uphold the application of the newly enacted life without parole penalty. I represented the People in this case. The case was heard before the Ventura County Superior Court before the Honorable Alan Steele. Co-counsel for the People was Peter Kossoris, Senior Deputy District Attorney, Ventura County District Attorney’s Office, 800 South Victoria Avenue, Ventura, California 93009, (805) 654-2500. Defense counsel was Neil Quinn, Deputy Public Defender, Ventura County Public Defender’s Office, 800 South Victoria Avenue, Ventura, California 93009, (805) 654-3199.

People v. Bonnie Mae Fitzmorris, case No. CR-24984 (September 1989) was a case involving the prosecution of a defendant for multiple counts of forgery and theft of over $100,000.00. The victim in this case was an 89 year old woman who had been befriended by the defendant. The jury convicted the defendant on all counts, and she was sent to State Prison. A separate jury trial was conducted regarding the defendant’s prior convictions, which the jury found to be true. I represented the People in this case. This case was heard before the Ventura County Superior Court before the Honorable Frederick Jones. Defense counsel was John H. Pattie, who is now a Court Commissioner for the Ventura County Superior Court, 800 South Victoria Avenue, Ventura, California 93009, (805) 654-5000.

People v. James Vance, case No. CR-24410 (August 1989) was a case involving the prosecution of a defendant for possession of high quantities of methamphetamine for sale. The defendant was convicted on all counts and special allegations. I represented the People in this case. This case was heard before the Ventura County Superior Court before the Honorable Charles McGrath. Defense counsel was Andrew M. Wolf, Esq., 674 County Square Drive, Ventura, California 93003, (805) 644-2291.

People v. Garry Tollstrup, case No. CO4402-1 (November 1988) was a case involving the prosecution of a defendant for driving under the influence of alcohol. This case received extensive local media coverage based on the defendant’s claim that the breath testing machines used in Ventura County were in violation of Title 17 of the Code of Regulations and unreliable. The jury returned a verdict of guilty. I represented the People in this case. This case was heard before the Ventura County Superior Court before the Honorable Bruce Clark. Defense counsel was Larry Bakman, Esq., 10920 Wilshire Boulevard, Suite 1000, Los Angeles, California, (213) 208-2988.

People v. Diane Mannes (July 1993) was a case involving the prosecution of a defendant for driving under the influence of alcohol which resulted in the death of three victims. After an unsatisfactory attempt to charge the defendant with murder, I was brought in as counsel. I negotiated a disposition in this case resulting in the defendant pleading guilty to gross vehicular manslaughter and ultimately being sent to State Prison. I represented the People in this case. This case was heard before the Ventura County Superior Court before the Honorable James McNally. Defense counsel was Robert Dahlstead, Deputy Public Defender, Ventura County Public Defender’s Office, 800 South Victoria Avenue, Ventura, California 93009, (805) 654-3041.

People v. SSK Game Enterprise, case No. MA94-43 (May 1994) was a case involving an investigation into the unlawful construction, transportation and sale of electronic slot machines to Indian Reservations within the State of California. This case involved complex legal issues regarding the interrelationship between state and federal law concerning gambling and American Indian rights. I assisted in the preparation of the affidavit in support of a search warrant for SSK Game Enterprises, the validity of which was challenged by the defense in the Ventura County Superior Court before the Honorable Kenneth Riley. The court upheld the validity of the search warrant. I personally litigated this issue, which was, and still is, of state wide concern. I represented the People in this case and defense counsel was Jon Bryant Artz, Esq., 11755 Wilshire Boulevard, Fifteenth Floor, Los Angeles, California 90025-1506, (213) 312-0076.