CA Unpub Decisions

Appellant Michael Ybarra was found guilty of first degree burglary, a violation of Penal Code section 460, subdivision (a). It also was found true that a person, not an accomplice, was present in the residence at the time of the burglary. (§ 667.5, subd. (c)(21).) Ybarra contends the trial court had a duty to instruct the jury with a unanimity instruction and failure to do so is reversible error. We disagree and affirm.

Alexander Solis and Daniel Gomez (defendants) appeal following their jury trial which resulted in their convictions for one count of robbery (Pen. Code, § 211). The jury found true the allegations that defendants committed the robbery for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1) and that defendants personally used a firearm in the commission of the robbery within the meaning of section 12022.53, subdivisions (b) and (e)(1). After he was convicted of robbery, Solis pled no contest to one misdemeanor count of causing injury to his girlfriend (§ 273.5, subd. (a)). The trial court sentenced Solis to a total of 16 years in state prison, consisting of a one-year term for the section 273.5 conviction, plus the upper term of five years for the robbery conviction plus a 10-year enhancement term pursuant to section 12022.53. The trial court sentenced Gomez to a total of 15 years in state prison, consisting of the upper term of five yea

Defendant Jonathan Wayne Smith pleaded no contest to felony assault with a deadly weapon (Pen Code, § 245, subd. (a)(1)) and admitted one prior strike (§§ 667, subds. (d)–(e), 1170.12, subds. (b)–(c)) and one prison prior (§ 667.5, subd. (b)). In accordance with the negotiated disposition, the trial court sentenced defendant to a total term of five years in state prison. Defendant raises a single issue on appeal—that the trial court had no authority, as part of the sentence, to issue stay away orders pertaining to the victim and the codefendant. The Attorney General does not dispute that the trial court lacked authority to issue the postconviction stay away orders, but asserts defendant cannot raise the issue on appeal because he failed to apply for and obtain a probable cause certificate. We agree with the Attorney General and therefore dismiss defendant’s appeal.

In January 2013, defendant ran from the police; while running, he ditched a gun.
In March 2013, after an argument with rival gang members, defendant committed a drive-by shooting.
Defendant was found guilty of multiple crimes arising out of each incident. In this appeal, he contends:
1. The trial court erred by allowing the prosecution to consolidate the charges arising out of the January incident with the charges arising out of the March incident.
2. There was insufficient evidence that the gun that defendant ditched was stolen.
3. The trial court erred by admitting evidence that one of the victims of the drive-by shooting was afraid of retaliation from defendant’s brother.
Finding no error, we will affirm.

Kamala D. Harris and Xavier Becerra, Attorneys General, Julie L. Garland, Assistant Attorney General, William M. Wood and Felicity Senoski, Deputy Attorneys General, for Plaintiff and Respondent.
This case involves a fatal shooting which capped a series of confrontations between members and associates of two motorcycle clubs. Defendants Jason Schlig and Shaun Spicher belonged to the Brotherhood Motorcycle Club and defendant Cody Young was a frequent associate of members of the group. The murder victim, Todd Brown, had been a member of the Vagos Motorcycle Club and continued to associate with them, as did his then 20-year-old son Tyler Brown and his son’s friend Greg Pearse.

Over the span of several years, defendant Patrick Scott Ryan was charged with multiple felony and misdemeanor offenses in numerous cases. He entered into a plea agreement in which he was sentenced for two of those cases--a first degree burglary conviction in case No. 09F5553 (Pen. Code, § 459; unless otherwise set forth, statutory references that follow are to the Penal Code), and felony possession of a controlled substance in case No. 13F6889 (Health & Saf. Code, § 11350), and the remaining cases were dismissed. The court imposed the middle term of two years on the possession offense, doubled to four years for an admitted prior strike, and a concurrent two-year term for the burglary offense.

Appellant Dorian Gaylord Redus appeals from the trial court’s order extending his civil commitment at Napa State Hospital under Penal Code section 1026.5 until December 3, 2017. He contends substantial evidence did not support the court’s finding that his mental illness causes him serious difficulty controlling potentially dangerous behaviors. We shall affirm the trial court’s orders.

In October 2015, Nguyen was convicted of transporting marijuana (Health & Saf. Code, former § 11360, subd. (a)), driving with a suspended license (Veh. Code, § 14601.1, subd. (a)), and possession of more than 28.5 grams of marijuana (Health & Saf. Code, former § 11357, subd. (c)). The trial court suspended imposition of sentence, placed Nguyen on informal probation for three years, and ordered Nguyen to appear on April 5, 2016, for a progress report before Department 519 of the Alameda County Superior Court. Trial court minutes submitted by the People show that date was later vacated and, because the trial judge was transitioning to another assignment, the progress report hearing was continued to April 6, 2016, in Department 106. Nguyen filed a timely notice of appeal, but failed to appear on April 6, 2016. The April 6, 2016 minutes also show Nguyen’s probation was revoked and a bench warrant was issued for his arrest.

In an earlier chapter of this case, appellant was convicted by jury of second degree robbery (§ 211) and forgery (§ 470, subd. (d)). The court found appellant suffered one prior strike conviction (§§ 667, subds. (b) - (i) & 1170.12, subds. (a) - (d)), one prior serious or violent felony conviction (§ 667, subd. (a)(1)), and three prior felony convictions for which a prison term was served (§ 667.5, subd. (b)). On February 6, 2014, the court sentenced appellant to a total term of 19 years four months in prison, calculated as a term of 10 years for robbery in count 1 (the upper term of five years, doubled because of the strike finding); a consecutive term of 16 months for forgery in count 2 (the midterm of eight months, doubled because of the strike finding); plus consecutive terms of five years for the prior serious felony, and three years for the prison priors.

A jury convicted defendant Matthew Daryl McPheeters of possession of a controlled substance while armed with a firearm (Health & Saf. Code, § 11370.1, subd. (a); count 1), possession of a controlled substance, to wit, methamphetamine, a misdemeanor (Health & Saf. Code, § 11377, subd. (a); count 3), driving on a suspended or revoked license, a misdemeanor (Veh. Code, § 14601.1, subd. (a); count 4), possession of a large-capacity magazine, a misdemeanor (Pen. Code, § 32310; count 8; hereafter, unless otherwise set forth, statutory references are to the Penal Code), possession of drug paraphernalia, a misdemeanor (Health & Saf. Code, § 11364; count 9), two counts of being under the influence of a controlled substance while in possession of a loaded firearm (Health & Saf. Code, § 11550, subd. (e); counts 6 and 7), and two counts of carrying a loaded firearm in a vehicle in public, a misdemeanor (§ 25850, subd. (a); counts 2 and 10). Defendant pleaded no contest to driving an unregi

A jury convicted defendants and appellants, Brian Thomas Matheis and Amy Lou Daniel, of first degree murder and possession of a firearm by a felon. (Pen. Code, §§ 187, subd. (a), 189, 29800, subd. (a)(1)). The jury also found true that Matheis had committed the murder while lying in wait and had personally discharged a firearm, and that Daniel had participated in a murder in which a principal was armed with a firearm. (§§ 190.2, subd. (a)(15), 12022, subd. (a)(1), 12022.53, subd. (d).) Matheis admitted to one prior strike conviction, one prior serious felony, and one prior prison term. (§§ 667, subds. (a), (b)-(i), 667.5, subd. (b), 1170.12, subds. (a)-(d).) The court sentenced him to life in prison without the possibility of parole, plus 25 years to life and another six-year determinate term. It sentenced Daniel to 25 years to life in prison, plus a one-year determinate term and a three-year concurrent term.

Defendant and appellant, Raul Lopez, appeals from the March 14, 2016 order after judgment denying his February 19, 2016 motion requesting a hearing to determine and to “reduce (or eliminate)” the $184,322 victim restitution order. The restitution order was imposed on May 17, 2013, when Lopez was sentenced to state prison in this case for misappropriating and embezzling public funds. We dismiss the appeal.

In 2006, while serving a life sentence at California State Prison, Sacramento (CSP-SAC) for a murder and attempted murder committed in 1989 (actual sentence of life plus 22 years), with an additional 14 years imposed for various assaultive crimes (including mayhem and attempted murder) committed between 1990 and 2001 while incarcerated, defendant used a razor blade to cut another inmate. In 2010, still housed at CSP-SAC, defendant kicked a doctor in the head during a medical visit.

Deanna Jackson filed a timely notice of appeal challenging the validity of her admissions of probation violations in case Nos. BA259013 and BA280723, and her sentence or other matters occurring after the plea. She requested a certificate of probable cause on the ground that there were extenuating circumstances in her probation violations and so the sentence imposed by the court was too harsh; she asked that her probation be reinstated. The trial court denied the request.