California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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Prang v. L.A. County Assessment Appeals Bd. CA2/3
‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗ This appeal asks whether the minimum pleading requirements for a petition for writ of administrative mandate have been met, sufficient to defeat a general demurrer (or as here, the equivalent motion for judgment on the pleadings). The test is the same…
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P. v. Reck CA5
-ooOoo- This appeal follows from a resentencing hearing. Appellant Michael Ray Reck entered a plea agreement in 2014 with a stipulated prison term that included the admission of a one-year prior prison term, and the imposition of an upper term sentence for voluntary manslaughter …
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P. v. Fonua CA1/2
Penal Code section 1473.7 provides a mechanism for “noncitizens to vacate convictions after they are no longer in criminal custody based on a failure to understand adverse immigration consequences of their convictions.” (People v. Singh (2022) 81 Cal.App.5th 147, 151–152.) Relief…
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P. v. Nassiry CA1/2
Defendant Abdul Nassiry appeals from orders finding him not competent to stand trial and committing him to the Department of State Hospitals (DSH). His appointed counsel has filed a brief raising no issues and asking us to consider his appeal as prescribed in Conservatorship of B…
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P. v. Carter CA3
Defendant Destiny Carter appeals from a postconviction order denying his resentencing petition under Penal Code1 section 1172.6.2 Appellate counsel filed a brief raising no arguable issues under People v. Wende (1979) 25 Cal.3d 436 and People v. Delgadillo (2022) 14 Cal.5th 216 (…
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P. v. Luna CA4/1
A Legal Principles “The Fourth Amendment provides ‘[t]he right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures ….’ (U.S. Const., 4th Amend.) This guarantee has been incorporated into the Fourteenth Amendment to t…
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P. v. Randall CA4/1
Retired Judge of the San Diego Superior Court assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. MEMORANDUM OPINION In 1995, a jury found Virgil Randall guilty of three counts of robbery
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P. v. Barber CA4/3
* * * A jury convicted defendant Jovan Deonte Barber of attempted murder. He filed a resentencing petition under Penal Code section 1172.6, which the trial court denied at the prima facie stage.1 On appeal, his appointed counsel filed a no-issue brief, requesting that we independ…
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P. v. Shehata CA2/3
‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗ In 2023, a jury convicted defendant and appellant Jaquan Shehata of one count of attempted premeditated murder and one count of first degree murder arising from two shootings in 2020. As to each count, the jury found true that Shehata personally used …
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P. v. Cole CA2/3
‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗ A jury found Logan Raymond Cole guilty of one count of second degree robbery. The trial court imposed a mid-term sentence of three years in state prison. Cole appealed. His appellate counsel has asked us to conduct an independent review of the record …
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P. v. Stoll CA3
A jury found defendant Matthew Stoll guilty of 10 counts of molesting his adopted daughter (victim) when she was under 14 and when she was 14 or 15. The court sentenced him to 16 years in prison. Defendant appeals, contending: (1) there was insufficient evidence of victim’s age f…
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P. v. Davis CA3
Defendant Adam Christopher Davis appeals from his convictions for forcible sexual penetration, three counts of domestic violence, false imprisonment by violence, and misdemeanor child abuse. He raises several claims on appeal: (1) the trial court erred when it denied his motion t…
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P. v. Osby CA3
After being beaten and robbed at a house party, defendant Johnny Jamar Osby threatened revenge against the persons who attacked him. A few weeks later, defendant spotted one of his attackers (the victim) as their cars passed on the driveway of an apartment complex. Defendant poin…
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P. v. Barney CA2/7
Larry Barney appeals from the judgment of conviction after a jury found him guilty of assault with a firearm. Barney contends the trial court prejudicially erred in giving an instruction to the jury on the mutual combat and initial aggressor limitations to the defense of self-def…
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P. v. Taylor CA2/5
O’Campo informed the parties that the media had requested permission to record audio and video and take still photographs in the courtroom during arraignment. The court asked whether the parties wished to be heard on the issue. All counsel for defendants objected. Counsel for one…
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P. v. Valladares CA2/1
A jury convicted defendant Jaime Valladares of one count of first degree burglary (Pen. Code, § 459)1 for entering a woman’s home uninvited late at night. Valladares challenges his conviction, arguing there was no substantial evidence that he intended to commit theft or rape. Val…
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P. v. Banks CA2/3
‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗ Appellant Robert Lee Banks appeals his resentencing pursuant to Penal Code section 1172.75.1 He argues that the superior court improperly denied his request to dismiss the prior serious felony conviction enhancement by finding that dismissal would end…
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P. v. Burgos CA2/4
At a resentencing hearing for appellant Orlando Steven Burgos under Penal Code section 1172.75,1 the trial court reimposed an upper term firearm enhancement and two prior serious felony enhancements. On appeal, Burgos challenges the court’s reimposition of these enhancements as u…
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P. v. Pacas CA2/1
We find no merit to Pacas’s other arguments. California courts have rejected similar challenges to those made by Pacas to CSAAS evidence. California courts have also rejected at least two of the challenges to CALCRIM No. 1193 that Pacas raises, and Pacas does not otherwise persua…
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P. v. Aranda CA2/3
‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗ In 1990, a jury convicted Jorge Aranda of attempted willful, deliberate, and premeditated murder and aggravated mayhem. On direct appeal, his convictions were affirmed. In 2022, Aranda filed a petition for resentencing under the former Penal Code sect…