California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Garcia CA4/1
A jury convicted David Garcia of criminal threats (Pen. Code1 § 422). The court sentenced Garcia to the low term of one year four months in prison. Garcia filed a timely notice of appeal. 1 All statutory references are to the Penal Code. Appellate counsel has filed a brief under …
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P. v. Thomas CA1/4
9, but argued that this court lacked jurisdiction to consider his claim because the order denying relief under section 1172.75 is not an appealable order. After briefing was complete, in response to Thomas’s request, we appointed replacement counsel. In his supplemental briefing,…
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P. v. Hernandez CA2/3
‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗ In 2015, a jury convicted Leobardo Hernandez of the first degree murder of Juan Frias. The conviction was reversed on appeal due to instructional error. On remand, the People declined to retry Hernandez. The trial court reduced the conviction to secon…
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P. v. Shaw CA2/3
A jury convicted Jibril Shaw of murder and attempted premeditated murder. At his trial, the court admitted Shaw’s Instagram records, including posts by users unidentified by their real names. On appeal, Shaw contends that while his own posts were admissible, posts by unidentified…
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P. v. Malveaux CA2/4
Defendant Shannon Malveaux appeals from judgment following his conviction for making criminal threats against Alfonso Barron, the boyfriend of a woman defendant was stalking. Defendant contends the record is insufficient to support the finding his threats placed Barron in “sustai…
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P. v. Gonzalez CA2/4
(People v. Gonzalez (2016) 246 Cal.App.4th 1358.) We derive the following facts from the opinion and record in that appeal. No new evidence was introduced at the evidentiary hearing (§ 1172.6, subd. (d)(1)).
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P. v. Hernandez CA2/3
A jury convicted defendant and appellant Armando Hernandez of the second degree murder of 16-year-old Giovanny Mancia. More than a decade later, Hernandez filed a petition for resentencing under Penal Code section 1172.6.1 The court summarily denied the petition on the ground Her…
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P. v. Allbright CA2/1
Joseph Allbright appeals from a judgment entered after he pleaded no contest to, among other charges, possession of methamphetamine that a police officer saw in plain view inside Allbright’s truck during a traffic stop. Allbright argues that the trial court erred by denying his m…
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P. v. Mendez CA2/8
Jose Mendez appeals from an order denying his petition for homicide resentencing. (Pen. Code, § 1172.6.) We affirm. In 1993, Mendez pleaded guilty to first degree murder and attempted murder without premeditation. (Pen. Code, §§ 187, 664.) Years later, in 2024, Mendez filed a che…
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P. v. Ambriz-Tinajero CA1/5
Defendant Julio Ambriz-Tinajero appeals a judgment following a jury trial in which he was convicted of multiple sex crimes against his stepdaughter, K.B.M., who was 14 years old at the time. The trial court sentenced him to 15 years 4 months in state prison. Ambriz-Tinajero conte…
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P. v. Ross CA2/1
Defendant Keith E. Ross appeals from the denial of his resentencing petition under Penal Code1 former section 1170.95, now numbered 1172.6. Defendant contends substantial evidence does not support the resentencing court’s finding that he was a major participant in a robbery and a…
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P. v. Montoya CA5
-ooOoo- * Before Detjen, Acting P. J., Snauffer, J. and DeSantos, J. I. INTRODUCTION Defendant Angel Amado Montoya (defendant) pled no contest to carrying a loaded, unregistered firearm in a public place and was placed on probation with various conditions, including that he submi…
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P. v. Neece CA4/2
In 2013 Brandon Neece pled guilty to second degree murder and first degree burglary. In 2022, Neece filed a petition to vacate his conviction and be resentenced under Penal Code section 1172.6.1 The court summarily denied the petition. We
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Marriage of Stout CA2/1
Scott Franklin Groves Stout (Scott) appeals from a judgment of dissolution, contending the trial court erred by awarding certain property interests and attorney fees to his ex- wife, Jamie Rae Stout (Jamie). The principal property dispute concerned Scott’s ownership shares in Med…
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Mahil v. Copelin CA4/1
Harjit Mahil, representing herself, sued Michael Copelin for the value of personal belongings Mahil left behind in Copelin’s house after they broke up and Copelin instructed Mahil to move out on short notice. Mahil asserted a single cause of action for “common counts” and further…
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In re M.J. CA2/4
INRODUCTION Father appeals from the juvenile court’s order denying his post- permanency Welfare and Institutions Code section 3881 petition. In the petition, father asked the court to award him full custodial and parental rights including educational and developmental rights, alo…
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In re E.P. CA4/2
Defendant and appellant E.P., who was 17 years old at the time, committed a series of robberies by posing as a potential buyer of online listings of iPhones. E.P. would contact the seller, obtain their address, arrange to meet with them at their home, and upon
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Hiramanek v. Hiramanek CA6
ADIL HIRAMANEK, H051060 (Santa Clara County Claimant and Appellant, Super. Ct. No. 19PR186449) v. Petitioner and Respondent,
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Groth v. Gilad CA1/5
These consolidated appeals are the second and third appeals filed by Ami Gilad and Roy Gilad in a long-running dispute about a loan William Groth made to fund a cigar club business that subsequently failed. When the loan was not repaid in full, Groth and Groth Holdings & Consulti…
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EKO Substance Three LLC v. Kasaba CA2/3
Plaintiff EKO Substance Three LLC (EKO) appeals a judgment of dismissal entered in favor of defendants Michael Kasaba and Michael E. Kasaba LLC (MEK).1 In granting defendants’ motion for judgment on the pleadings, the trial court determined EKO’s claims were premised on recorded …