California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Fuentesveloz CA2/1
Appellant Mario Fuentesveloz requested diversion to a mental health program for alcohol use disorder. (Pen. Code, §1001.36.)1 The trial court denied his request because he poses an unreasonable risk of danger to public safety. (Id., subd. (c)(4).) We review his appeal of the dive…
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P. v. Romero CA4/1
Michael James Romero appeals a judgment of conviction after a jury found him guilty of two counts of first degree murder (Pen. Code, § 187, subd. (a)).1 The jury returned true findings on allegations that, in the commission of each offense, Romero personally and intentionally dis…
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P. v. Byrd CA5
-ooOoo- * Before Detjen, Acting P. J., Snauffer, J. and DeSantos, J. INTRODUCTION In 2018, appellant and defendant Ernest Byrd (defendant) was convicted of robbery with an enhancement for personal use of a firearm (Pen. Code,1 § 12022.53, subd. (b)), burglary, and misdemeanor res…
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P. v. Masuhara CA3
Appointed counsel for defendant Kevin Shigeichi Masuhara, Jr., filed an opening brief asking this court to review the record and determine whether there are any arguable issues on appeal. (See People v. Wende (1979) 25 Cal.3d 436.) Defendant has not filed a supplemental brief. Fi…
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P. v. Bowman CA3
Appointed counsel for defendant Christopher Kent Bowman asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to him, …
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P. v. Ambrocio CA4/3
* * * This appeal arises from the trial court’s denial of a petition for resentencing under Penal Code section 1172.7, which permits resentencing where a defendant is currently serving a prison sentence that imposed a now- invalid enhancement for prior drug-related convictions.1 …
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P. v. Garcia CA6
A jury convicted defendant Mario Thomas Garcia of second degree murder (Pen. Code,1 § 187, subd. (a)) and related crimes for shooting a man outside a bar in Salinas. The trial court sentenced Garcia to 55 years to life in prison plus two years eight months. On appeal, Garcia clai…
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P. v. Cole CA1/2
A jury convicted Billy Bruce Cole of second degree murder (Pen. Code,1 § 187, subd. (a)) with a firearm enhancement (§ 12022.53, subd. (d)), and he was sentenced to 40 years to life in prison. On appeal, Cole argues reversal is required because the trial court excluded certain ev…
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P. v. Sairafe CA4/3
* * * A jury found appellant Nouras Jilal Sairafe guilty of unlawfully driving a vehicle. (Veh. Code, § 10851, subd. (a).)1 In a bifurcated proceeding, the trial court found true that Sairafe had suffered numerous prior convictions (Cal. Rules of Court, rule 4.421(b)(2)), had ser…
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P. v. Burbie CA4/3
* * * Defendant Derric Jerant Burbie appeals from an order denying a youthful offender parole hearing under Penal Code section 30511 and proceedings pursuant to People v. Franklin (2016) 63 Cal.4th 261 (Franklin). Burbie, who was 20 years old at the time, was convicted of first d…
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P. v. Woodard CA1/4
A jury convicted defendant James Woodard of five domestic violence offenses committed against his girlfriend, Jane Doe (JD), resulting in an aggregate prison term of nineteen years. On appeal, Woodard raises various claims of ineffective assistance of counsel, instructional error…
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P. v. Brooks CA1/4
Bianca Brooks was placed on probation after a jury found her guilty of carjacking, false imprisonment, unlawful driving or taking of a vehicle, and child endangerment. On appeal, she contends her convictions must be reversed because she is a transgender woman and one of the juror…
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P. v. Young CA4/1
Tammie R. Young was arrested and charged with various drug offenses in three different cases, including three counts of possession of a controlled substance (Health & Saf. Code, § 11377) and three counts of possession of drug paraphernalia (§ 11364). The court consolidated the ca…
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P. v. Makboul CA4/2
I. A jury convicted defendant and appellant Makboul Ahmed Makboul of one count of stalking (Pen. Code, § 649.9, subd. (a); count 1) and three counts of intentionally
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P. v. Luque CA4/2
Defendant and appellant Roberto Gonzalez Luque appeals from an order of the Riverside County Superior Court correcting the abstract of his judgment. We will dismiss the appeal because it is taken from an order that is not appealable.
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P. v. Navar CA5
-ooOoo- Defendant Giovanni Tapia Navar (defendant) was convicted of several crimes arising from a physical altercation with his girlfriend while driving home from a party. He argues on appeal that he was improperly subjected to a special finding under Penal Code section 136.1, su…
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P. v. Pedraza CA4/3
(See Chapman v. California (1967) 386 U.S. 18 (Chapman).) We disagree. We find substantial evidence to support the gang allegation and the gang-murder special circumstance, but that is not the same as finding that an instructional error is harmless beyond a reasonable doubt. (See…
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Moore v. Valley Pacific Petroleum Services CA3
Jessie Moore and Christopher Sanchez (collectively respondents) sued their former employer, Valley Pacific Petroleum Services, Inc. (Valley Pacific), in a putative class action lawsuit asserting violations of the Labor Code and unfair competition under the Business and Profession…
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Marriage of Willner CA4/3
* * * Gila Willner appeals from a judgment on two reserved issues in this marital dissolution action involving her former husband, Ayal Willner. Gila1 contends the court abused its discretion by awarding her permanent spousal support of $5,000 per month and in denying her request…
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Marriage of Mayo CA2/1
This consolidated appeal arises from the parties’ competing requests for domestic violence restraining orders (DVROs) under the Domestic Violence Prevention Act (Fam. Code1, § 6200 et seq.) (DVPA) and a related attorney fee award. In January 2023, after 20 years of marriage, Meli…