California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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Tatum Family Investments v. Kaplan CA2/4
INTRODUCTION Here, we conclude that a wife agreed to be bound by the terms of a “buy-sell” agreement when the couple distributed their community property following dissolution of marriage. We therefore affirm the trial court. Thomas T. Tatum and Jeffrey A. Kaplan are business par…
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Shobe v. Brown CA2/4
MEMORANDUM OPINION1 Appellant Delores Brown challenges the trial court’s entry of judgment against her after a jury trial, on the grounds that the trial court failed to properly apply the doctrine of unclean hands and the verdict was unsupported by the evidence. We find the recor…
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Rodriguez v. KS Industries CA5
-ooOoo- This appeal concerns an award of costs under Code of Civil Procedure1 section 998. “Section 998 is intended to encourage the settlement of lawsuits prior to trial by penalizing a party who fails to accept a reasonable settlement offer.” (Gonzalez v. Lew (2018) 20 Cal.App.…
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P. v. Jackson CA3
Defendant Stephen Jackson appeals the trial court’s order denying his petition for resentencing under Penal Code1 section 1172.6 at the prima facie stage. Appellate counsel filed a brief raising no arguable issues under People v. Delgadillo (2022) 14 Cal.5th 216 and asks this cou…
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P. v. Boukes CA4/2
In our first opinion in this case, we affirmed defendant and appellant Noy Estul Boukes’s conviction and sentence to life without the possibility of parole for first degree murder and the jury’s true findings on a gang special circumstance and gang
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P. v. Dilmaghanian CA4/1
In the first of two trials, a jury found Farzad Dilmaghanian guilty of forcible rape (Pen. Code, § 261, subd. (a)(2))1 and sexual penetration by force (§ 289, subd. (a)). Dilmaghanian filed a new trial motion based on ineffective assistance of counsel. The trial court granted the…
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P. v. Hernandez CA4/1
Vidana (2016) 1 Cal.5th 632 (Vidana). In Vidana, our Supreme Court held that convictions for both grand theft by larceny (§ 484, subd. (a)) and embezzlement (§ 503) based on the same course of conduct could not stand under section 954. (Id. at pp. 635, 649–651.) The court ruled t…
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P. v. Jones CA5
-ooOoo- Defendant Nathaniel Jones was convicted by jury trial of three counts of attempted carjacking, and a single count of assault with a firearm, possession of a firearm by a felon, and misdemeanor resisting arrest. On appeal, he contends (1) the evidence was insufficient to s…
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P. v. Beltran CA4/3
* * * “An accusatory pleading may charge . . . two or more different offenses of the same class of crimes . . . .” (Pen. Code, § 954.)1 However, a trial court “in the interests of justice and for good cause shown, may in its discretion order that the different offenses or counts …
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P. v. Morales CA2/6
Fletcher (2025) 18 Cal.5th 576 (Fletcher); requires remand and retrial on the prior strike allegations. We will otherwise affirm. Officer James Roach of the Santa Maria Police Department responded to a domestic disturbance call at the River Ranch Apartments in 2020. Officer Roach…
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P. v. Soriano CA2/6
Ricardo Soriano appeals after a jury convicted him of willful, deliberate, and premeditated first degree murder (Pen. Code §§ 187, subd. (a), 189; count 1) and possession of a firearm by a felon (§ 29800, subd. (a)(1); count 2). The jury also found true a firearms allegation as t…
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P. v. Navarro-Rodriguez CA2/6
Appellant Jose Ramon Navarro-Rodriguez was found guilty of corporal injury to a dating partner (Pen. Code, § 273.5, subd. (a))1 and dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1)). The trial court placed him on formal supervised probation for 36 months, one co…
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P. v. Hernandez CA2/6
Alvino Joe Hernandez appeals after the trial court, following an evidentiary hearing, denied his petition for resentencing under Penal Code1 section 1172.6. Appellant contends: (1) the record lacks substantial evidence to support the trial court’s findings that appellant is guilt…
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P. v. Ellison CA2/5
****** A jury convicted Wesley Malik Ellison (defendant) of kidnapping, attempted kidnapping and false imprisonment for the same conduct. Defendant argues that he cannot stand convicted of all three offenses, and the People initially conceded error. We accept the People’s concess…
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P. v. Huerta CA2/5
Nathaniel Huerta appeals the trial court’s order denying his petition for vacatur of his manslaughter conviction and resentencing pursuant to Penal Code section 1170.95 (subsequently renumbered as Penal Code section § 1172.6).1 Following an evidentiary hearing on the matter, the …
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P. v. Campbell CA2/2
THE COURT: Defendant and appellant Maurice Cornell Campbell (defendant) appeals from a judgment after resentencing pursuant to Penal Code1 section 1172.75. Defendant’s appointed counsel 1 All further undesignated statutory references are to the Penal Code. identified no arguable …
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P. v. Percy CA2/5
Darin Percy appeals the trial court’s postjudgment order following a full resentencing hearing pursuant to Penal Code1 section 1172.75. Appointed counsel has filed a brief under the authority of People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), requesting that this court p…
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P. v. Magee CA2/7
Jeremia Renee Magee appeals from a judgment entered after her no contest plea to issuing a check exceeding $950 without sufficient funds. The trial court sentenced her to two years formal probation and ordered her to make restitution to the victim in the amount of $9,950.10. We a…
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P. v. Ware CA1/4
Ware’s sentence is hereby vacated and the cause is remanded for further resentencing proceedings so that the court can exercise its discretion in a manner consistent with Wiley and Penal Code section 1170, subdivision (b). If, after taking into account any mitigating factors Ware…
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P. v. Kazemi CA2/8
Jalal Kazemi, through his appointed attorney, seeks reversal of his criminal conviction on the sole ground that the trial court erroneously refused to declare a second doubt regarding his competency to stand trial. We now affirm the judgment, because Kazemi’s conduct following hi…