California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Lupyak CA3
While driving with a blood-alcohol level of 0.19 percent, defendant Sarah Elizabeth Lupyak drove the wrong way on a freeway and struck two cars, killing one person and injuring three others. Defendant pled guilty to murder and gross vehicular manslaughter in exchange for an agree…
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P. v. Mazzarino CA4/1
Nicholas Mazzarino entered into a plea agreement with a stipulated sentence. He pleaded no contest to two counts of child abuse (Pen. Code, § 273a, subd (a)) and admitted he caused great bodily injury (§ 12022.7, subd. (e)). The parties agreed the court would impose the stipulate…
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P. v. Hortillosa CA2/6
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, 2d Crim. No. B343007 (Super. Ct. No. 21F-08252) Plaintiff and Respondent, (San Luis Obispo County) v. TODD ANTHONY HORTILLOSA, Defendant and Appellant. Todd Anthony Hortillosa app…
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P. v. Johnson CA1/4
Super. Ct. No. 22CR000481) Following the consolidation of two cases involving sex crimes against minors, Johnson was convicted of sex trafficking, pandering, and pimping a 16-year-old girl. The charges involving the other alleged underaged victim of sex trafficking were dismissed…
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P. v. Berhe CA1/2
On June 4, 2024, defendant Aman Berhe approached two men eating lunch on a bike trail in Santa Rosa, told them “shut up [or] I’ll kill you, motherfucker,” and held them at gunpoint for several minutes before walking away. After being shown a single photo by the police at the scen…
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P. v. Cunningham CA4/2
INTRODUCTION Defendant and appellant Christopher James Cunningham appeals from an order resentencing him under Penal Code1 section 1172.75. He argues that the court erred by
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P. v. Hefner CA4/2
INTRODUCTION Defendant and respondent Killian Christopher Hefner was charged by felony complaint with carrying a concealed dirk or dagger. (Pen. Code1, § 21310.) Defendant
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P. v. Moore CA2/5
Etienne Michael Moore appeals the trial court’s order denying his petition for vacatur of his conviction and resentencing for the murder of Laurie Myles. The trial court denied Moore’s petition following an evidentiary hearing held pursuant to Penal Code1 section 1172.6, subdivis…
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P. v. Tlatelpa CA2/2
THE COURT: Jose Tlatelpa appeals the trial court’s denial of his Penal Code section 1172.61 petition for resentencing on the ground he was ineligible for relief as a matter of law. We appointed counsel for Tlatelpa, who filed a brief raising no issues and requesting we apply the …
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P. v. Hernandez CA2/7
A jury convicted Eduardo Perez Hernandez of 14 counts of sexual offenses against four family members—his niece, L.H.; his daughter, J.P.; his stepdaughter, J.H.; and his sister-in-law, A.H.1 Hernandez argues (1) his convictions on two counts of sexual intercourse or sodomy with a…
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P. v. Velasco CA2/7
Marco Velasco appeals from a judgment after he was sentenced to an aggregate term of 100 years for forcible oral copulation, forcible sodomy, forcible sexual penetration, and forcible rape. We appointed counsel to represent Velasco on appeal. After reviewing the record, counsel f…
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P. v. Saenz CA2/5
I. INTRODUCTION Defendant Girard Saenz appealed from the trial court’s order denying his motion to suppress evidence under Penal Code section 1538.51, and his appointed counsel on appeal filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Based on our review o…
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P. v. Crowell CA2/2
THE COURT: Victor Anthony Crowell appeals the trial court’s denial of his Penal Code section 1172.61 petition for resentencing on the ground he was ineligible for relief as a matter of law. We appointed counsel for Crowell, who filed a brief raising no issues and requesting we ap…
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P. v. Gutierrez CA4/2
In 2019 a jury convicted Martin Gutierrez, Jr. of second degree murder and attempted first degree murder. In 2024, Gutierrez brought a petition under what is now Penal Code section 1172.61 seeking to have his conviction vacated and be resentenced.
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P. v. Rodriguez CA1/3
Carlos Negrete Rodriguez appeals from a postconviction order denying his renewed petition for resentencing under Penal Code section 1172.6 (all further statutory references are to this code). His appointed appellate counsel filed a brief pursuant to People v. Delgadillo (2022) 14…
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Miller v. Los Angeles County CA2/4
INTRODUCTION Appellant Pearlie Miller, Jr., believes that entertainer Michael Jackson did not die in 2009. According to Miller, Jackson used a body double to fake his death with the assistance of the Los Angeles County Coroner’s Office. Miller filed suit against the County of Los…
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Marriage of Dillon CA4/1
To facilitate their marital dissolution, Jamie Alexander Dillon (Husband) and Kira Lindsay Dillon (Wife) entered a marital settlement agreement (MSA) that confirmed the family home as Husband’s personal property but required him to “refinance the home or remove Wife from the [mil…
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Malouf v. Godoy CA4/3
* * * Defendant Augustine Brady Godoy appeals from a judgment entered after the court denied his motion to dismiss the action for plaintiffs Elias Malouf and Najwa Malouf’s purported failure to bring the action to trial within five years. In finding the five-year deadline had not…
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M.A. v. Superior Court CA1/3
Petitioner, v. THE SUPERIOR COURT OF THE A176781 FRANCISCO, (San Francisco City and County Super. Ct. No. JD-26-3062) Respondent;
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Leclair v. Assistantly CA4/3
Terry Leclair appeals after the trial court granted judgment notwithstanding the verdict as to Leclair’s claim for breach of fiduciary duty against Laith Masarweh and entered judgment for Laith Masarweh.1 Leclair contends substantial evidence supported the jury’s finding of liabi…