California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Cruz CA5
-ooOoo- * Before Franson, Acting P. J., Meehan, J. and Snauffer, J. INTRODUCTION In an amended information, defendant Peter Cruz was charged with three counts of lewd or lascivious acts on a child under 14 years of age (§ 288, subd. (a); counts 1, 2, 4),1 and one count of oral co…
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P. v. Cruz CA5
-ooOoo- * Before Franson, Acting P. J., Meehan, J. and Snauffer, J. INTRODUCTION Defendant Peter Cruz appeals a restitution order issued after defendant entered a no contest plea to two counts of lewd or lascivious acts on a child under 14 years of age (Pen. Code, § 288, subd. (a…
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P. v. Silveria CA1/1
CRI-22014628) A jury convicted Ronald Silveria of first degree robbery (Pen. Code, § 211)1 and other offenses. He raises two related issues on appeal. First, he contends that in not holding him to answer on a robbery count at the preliminary hearing, the magistrate made a factual…
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P. v. Baugh CA1/3
A jury convicted Cory Virgil Baugh of various sex offenses against two minors. (People v. Baugh (2024) 107 Cal.App.5th 739 (Baugh).) On appeal, he asked us to independently review subpoenaed law enforcement records to determine whether the trial court abused its discretion by wit…
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P. v. Martinez CA2/5
I. INTRODUCTION Defendant Ricardo Martinez appeals from his second degree murder conviction, arguing there was insufficient evidence that he acted with either express or implied malice. He also contends the trial court erred when it failed to instruct sua sponte on the lesser inc…
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P. v. Aldabarios CA3
A jury found defendant Fernando Aldabarios1 guilty of four offenses, including felony resisting an executive officer by force, threats, or violence and misdemeanor resisting and obstructing a peace officer (counts 1 and 5). Defendant raises two claims on appeal. First, he contend…
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P. v. Diaz CA6
Defendants Alexander Toledo, Ricardo Diaz, and Keonte Smith met with Brian Castro and Robert Hernandez, ostensibly to purchase several pounds of marijuana. At the meeting, Diaz fatally shot Castro and wounded Hernandez. The prosecution pursued a theory of felony murder as to Tole…
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P. v. Gutierrez CA6
Defendant Jose Gutierrez pleaded no contest to two child sexual assault crimes, and one count of possession of child pornography. The trial court sentenced Gutierrez to the stipulated term of two years concurrent to 25 years to life in prison. On appeal, Gutierrez’s appointed cou…
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P. v. Hagar CA2/8
INTRODUCTION We find this matter appropriate for disposition by a memorandum opinion in accordance with the California Standards of Judicial Administration, section 8.1. (See People v. Garcia (2002) 97 Cal.App.4th 847, 850–855 [use of memorandum opinions].) Both parties have file…
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P. v. Aleman CA2/3
Joshua Aleman appeals from a judgment after a jury trial that included a five-year prior serious felony conviction enhancement under Penal Code section 667, subdivision (a)(1).1 Aleman contends the trial court erred in imposing the enhancement because it was not alleged in the ac…
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P. v. Warsinger CA5
-ooOoo- * Before Franson, Acting P. J., Meehan, J. and Snauffer, J. Defendant Donnal Vance Warsinger contends on appeal that his sentence must be vacated and the matter remanded for resentencing because the trial court abused its discretion when it denied his request for dismissa…
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Marriage of Ramirez and Cervantes CA5
-ooOoo- * Before Detjen, Acting P. J., Snauffer, J. and Sandhu, J. Natosha Ramirez obtained a three-year domestic violence restraining order (DVRO) against her then husband Robert Cervantes in September 2021, which protected herself and the couple’s two children. Ramirez sought t…
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Lowry v. Hope and Trust Trading CA4/2
, and Seyedjalil Firoozabadi. No appearance for Cross-defendant and Respondent Newrez, LLC. Alvarenga Law and Dania M. Baker for Movant and Appellant Ultima8 Equities, Corey Parker; Sean Perdomo for cross-defendants and appellants Sammy Ciling,
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Lopez v. Lujan CA5
-ooOoo- * Before Franson, Acting P. J., Meehan, J. and Guerra, J. Jose T. Lopez, an incarcerated prisoner, filed a petition for writ of mandamus or mandate in the trial court. Lopez sought a court order requiring G. Lujan,1 a grievance coordinator at the prison where Lopez was in…
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Lipana v. Centravel CA2/4
Two judgment debtors appeal the trial court’s denial of their motion to reconsider their claims of exemption under Code of Civil Procedure section 703.510, et seq. We conclude that the order denying the motion for reconsideration is non-appealable and dismiss the appeal for lack …
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Lindgren v. Chang CA4/1
I. INTRODUCTION David and Debra Lindgren1 sued Dr. Angela A. Chang for medical malpractice and loss of consortium. A jury found in Dr. Chang’s favor, determining that she did not breach her duty of care. On appeal, Debra, who has been substituted in David’s place after his death,…
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In re Ethan E. CA2/7
N.E. (Mother) appeals from the juvenile court’s order under Welfare and Institutions Code1 section 366.26 terminating her parental rights and identifying adoption as the permanent plan for her son Ethan E. (born August 2013). She argues the court erred in determining Ethan was ad…
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In re D.L. CA4/2
Defendant and appellant J.B. (Mother) appeals the juvenile court’s jurisdictional findings and dispositional orders regarding her son, D.L. (Minor, born December 2012). Minor’s presumed father (Father, who shares the same initials as Minor) is not a party to
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In re D.G. CA1/5
In December 2023, defendant and appellant D.G. (appellant) was committed to a secure youth treatment facility (SYTF) after he admitted to carjacking (Pen. Code, § 215, subd. (a)).1 The juvenile court imposed a baseline term of four years, with a maximum term of 8 years 9 months. …
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In re X.C. CA1/3
F.C. (Father), parent of minor X.C., appeals from the juvenile court’s order terminating parental rights and placing X.C. for adoption. (Welf. & Inst. Code,1 § 366.26.) Father contends (1) the record lacked clear and convincing evidence that the Sonoma County Human Services Depar…