CA Unpub Decisions

A jury found Ismael Parra and Michael Cardenas guilty of second degree murder (count 1; Pen. Code, § 187, subd. (a) ), gang-related battery (count 2; §§ 242, 186.22, subd. (d)) and street terrorism (count 3; § 186.22, subd. (a)). The jury also found true the special allegation that the murder was committed for the benefit of, at the direction of or in association with a criminal street gang as to Cardenas only. (§ 186.22, subd. (b)(1)(C).)

Defendants Darren Jarrell McFadden and Danny Robert Louis Jeffreys appeal judgments convicting them of first degree murder and attempted premeditated murder. They challenge the sufficiency of the evidence in support of their convictions and assert that the court made prejudicial evidentiary and instructional errors. In addition, defendants contend the case must be remanded to give them the opportunity to make a sufficient record of mitigating evidence in anticipation of their eventual youthful offender parole hearing in the 25th year of incarceration. We shall affirm the judgments and order a limited remand as requested by defendants.

In case No. C1490233, a jury found defendant Frank Vincent Guerrero guilty of second degree robbery, being under the influence of methamphetamine, possessing paraphernalia, and unlawfully possessing tear gas. He admitted two prior prison terms. The trial court imposed a total term of three years in prison.
In case No. C1511285, Guerrero pleaded no contest to grand theft and resisting a peace officer. The trial court imposed a term of 8 months in prison consecutive to the three-year term imposed in case No. C1490233. We ordered these cases considered together for purposes of briefing, oral argument, and disposition.

Defendant Deangelo Pruitt appeals from his conviction for kidnapping to commit a sexual offense (Penal Code, § 209, subd. (b)) and sexual penetration by force (§ 289, subd. (a)(1)). He also challenges the jury’s findings on the sentencing allegations that his kidnapping and movement of the victim substantially increased the risk of harm beyond that inherent in the crime of forcible sexual penetration (§ 667.61, subds. (a) & (d)(2)) and kidnapping (§ 667.61, subds. (b) & (e)(1)). We affirm.

The trial court dismissed a personal injury and property damage action on the second day of a bench trial after concluding plaintiff Rimas Kregzde (Kregzde), representing himself, had “engaged in a series of continued misrepresentations which ha[d] led to an undue consumption of time.” (Citing Stephen Slesinger, Inc. v. Walt Disney Co. (2007) 155 Cal.App.4th 736 (Slesinger).) In dismissing the case, the court cited Kregzde’s perjury in claiming he no longer could drive a car and claiming falsely defense counsel made death threats against him. The court also found Kregzde refused to cooperate with defense counsel or follow court rules in preparing for trial, and was unable or unwilling to provide the court with evidence supporting his claimed damages.

L.J., III (father) and E.D. (mother) have four sons together. In 2016, L.J., IV (L.J.), then aged five, had a bruise across his eyes and forehead, which he called to the attention of a school staff member. L.J. gave inconsistent accounts of what had caused the bruise, but he did tell the staff member and two other concerned adults that the father caused it. There was further evidence that the father had intentionally burned L.J. with a cigarette, leaving a scar, and that he regularly disciplined the children by hitting them with a belt.

Defendant and appellant Ignacio Hernandez Chavez was charged by second amended information with one count of oral copulation with a child under the age of 10 (Jane Doe) (Pen. Code, § 288.7, subd. (b), count 1) and five counts of committing a lewd act upon a child (Mary Doe) (§ 288, subd. (a), counts 2-6). Prior to trial, defendant filed a motion to sever count 1 from counts 2 through 6. A trial court held a hearing on the motion and denied it. Following a jury trial, defendant was convicted of count 1, but acquitted of counts 2 through 6. The court sentenced him to 15 years to life on count 1.
Defendant filed a timely notice of appeal. We affirm.

Kenny Wayne Cox (defendant) filed a petition for resentencing under Proposition 47. The trial court refused to reduce two counts of burglary to misdemeanors, reasoning that this crime is a misdemeanor under Proposition 47 only if committed with the intent to commit larceny, whereas defendant intended to commit identity theft. It also refused to reduce three counts of unauthorized acquisition of access card information to misdemeanors, reasoning that this crime remains a felony under Proposition 47. In both respects, it erred.

Defendant and appellant Steven James Vrabel punched the victim while defendant was out with friends in Old Town Temecula, because his girlfriend told him the victim had assaulted her when she was in high school. Defendant was found guilty of assault by means of force likely to cause great bodily injury and the special allegation that he personally inflicted great bodily injury upon the victim.

A jury convicted defendant and appellant Marty J. Blanco as charged of two counts of possession of controlled substances for sale. (Health & Saf. Code, §§ 11378 [methamphetamine], 11359 [marijuana].) These substances were confiscated during a search of her home authorized by a search warrant. After the verdict, the trial court sentenced Blanco to three years' felony probation, conditioned on serving 180 days in county jail and being subject to other specified terms of probation. She appeals.

Appointed counsel for defendant Wesley Tyler Varton asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.

On June 27, 1996, defendant and appellant Jesse Washington was convicted of first degree burglary (Pen. Code, § 459). He is currently serving a 35 years-to-life Three Strikes sentence arising out of that conviction. Following the enactment of Proposition 47, Washington petitioned on July 8, 2016, for resentencing on this conviction. On August 3, 2016, the trial court denied Washington’s petition, stating that Washington’s burglary conviction rendered him ineligible for Proposition 47 relief. Washington filed a timely notice of appeal.

In this declaratory relief action concerning the payment of judicial salaries and benefits, defendants and appellants John Chiang, Controller of the State of California (the Controller); the Judges’ Retirement System (JRS); and the Judges’ Retirement System II (JRS II) appeal from the judgment entered in favor of plaintiff and respondent Robert M. Mallano (plaintiff), individually and on behalf of a class of similarly situated persons (collectively, plaintiffs), ordering that plaintiffs are entitled to payments and benefits based on the formula set forth in Government Code section 68203 for the fiscal years 2008-2009, 2009-2010, 2010-2011, 2013-2014, 2014-2015, and 2015-2016. Defendants also appeal the award of attorney fees pursuant to Code of Civil Procedure section 1021.5.
We affirm the judgment and the attorney fees award.

The father, Daniel M., appeals from the jurisdictional findings and a custody order. The father argues the juvenile court lacked subject matter jurisdiction because it did not comply with the requirements of the Uniform Child Custody and Enforcement Act. (Fam. Code , § 3400 et seq.) The father also argues the juvenile court erred by failing to contact a Mexican court after obtaining temporary emergency jurisdiction.