CA Unpub Decisions

After killing his wife, Laura Reyes, with a single gunshot to the head in 1985, petitioner Efrain Reyes was convicted of second degree murder with a gun enhancement. He is presently serving a sentence of 15 years to life.

A jury found defendant Terrance Darcel Knight guilty of second degree robbery. The trial court found defendant had served three prior prison terms within the meaning of Penal Code section 667.5, subdivision (b). He was sentenced to the upper term of five years for the robbery offense, and three consecutive one‑year terms for each prior prison term served.
We appointed counsel to represent defendant on appeal. Appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), setting forth the facts of the case and requesting that we review the entire record. Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders), appointed counsel suggested we consider certain issues addressed post. This court provided defendant 30 days to file written argument on his own behalf. That period of time has passed, and we have received no communication from him.
We have examined the entire record and counsel's Wende/Anders brief, and find no arguable issue. (Wende, supra, 25 Cal.3d 436.) We therefore affirm.

A jury convicted appellant Dominick Edwards of two counts of robbery (Pen. Code, § 211.) They found it true that he had suffered a prior conviction of a â€

Defendant James Wrentmore challenges the one-year extension of his commitment as a mentally disordered offender. He contends the court erred by allowing him to represent himself at the extension trial. But his rights to counsel and self-representation at that trial are statutory -- violations are reviewed for harmless error. No reasonable probability exists that defendant would have obtained a more favorable result if he had been represented by counsel at trial. We affirm.

The parties have jointly requested that we reverse an order denying a motion to vacate a judgment. The parties agree the judgment does not comply with the statutory requirements for oral stipulations for settlement because they did not themselves personally acknowledge the settlement to the trial court. (See Code Civ. Proc. § 664.6.)[1] As we discuss below, section 664.6 requires litigants, not just counsel, to consent to a settlement. (Critzer v. Enos (2010) 187 Cal.App.4th 1242 (Critzer); Conservatorship of McElroy (2002) 104 Cal.App.4th 536, 550-551 (McElroy); Johnson v. Department of Corrections (1995) 38 Cal.App.4th 1700, 1708 (Johnson).)
We grant the stipulated request for reversal. We discern no public policy reason to preserve a judgment that itself is unenforceable under section 664.6. As a result, the stipulated request comports with settled case law, advances the public good and furthers judicial economy. (See § 128, subd. (a)(8).)

Gerald and Glenda Worley (the Worleys) appeal, for the second time, from an order setting the amount of attorney fees they can recover in this class action case. They argue the court erred by relying upon a single factor – â€

This attorney fee dispute arises out of a somewhat unusual personal injury case. On August 31, 2007, Haller suffered serious injury while riding as a passenger in a pickup truck driven by Chiya, and owned by his father, Allen Hideyoshi Chiya.

Perry Johnson and Pacific Coast Fast Foods, Inc, doing business as Fatburger (collectively Johnson), entered into an agreement to sell two Fatburger franchises to Brett Cueva and Thuan Nguyen, for a total of $900,000.[1] Things did not go well. After Cueva and Nguyen had paid $450,000 of the purchase price, they ultimately lost both franchises. Cueva and Nguyen sued Johnson, claiming he had fraudulently induced the sale agreement, and breached his obligations thereunder. Johnson cross-complained, alleging Cueva and Nguyen had breached their obligation to pay the balance of the sale price.

Jeffrey Francis Woods drove his Ford F150 truck erratically and aggressively one summer afternoon in Huntington Beach. At approximately 2:09 p.m., Woods, with Hydrocodone/Vicodin and Xanax in his system, texted his ex-girlfriend to ask if she had any Xanax. Approximately one minute later, Woods, driving 63 miles per hour in a 40-mile-per-hour zone, hit 14-year-old Danny Oates, who was riding his bicycle in the bicycle lane. Oates flew 205 feet in the air, ricocheted off a tree, hit the pavement, and rolled. Oates's best friend, Brian Flory, who just seconds before was riding next to Oates and barely escaped being hit, raced to his friend's side. Oates died in the street from massive blunt force trauma. Oates and Flory were riding to school to get their schedules for the upcoming school year.

Robert E. (father) appeals from an order terminating parental rights (Welf. & Inst. Code, § 366.26) to his four children.[1] He contends he did not receive proper notice of a recommendation to terminate rights and, as a consequence, both his statutory and due process rights were violated. Father also contends the juvenile court acted in excess of its jurisdiction because an Indian tribal court had assumed exclusive jurisdiction over the children. On review, we disagree and affirm.

In this family law case, Ronald E. Pierce appeals from the trial court's order of June 25, 2010, which increased his visitation time with his children but denied some of the relief that Pierce had sought. The present appeal fails to demonstrate, through cogent legal argument and citation to an adequate record, that the trial court abused its discretion. Because Pierce did not meet his burden as the appealing party, we affirm the order of the trial court.

On March 19, 2010, appellant, Randall Laws, was charged in an information with felony spousal abuse (Pen. Code, § 273.5, subd. (a), count one)[1] and a felony count of making criminal threats (§ 422, count two). On April 23, 2010, Laws waived his constitutional rights and admitted count one. In exchange for the change in plea, the People dismissed count two. On May 25, 2010, the court sentenced Laws to prison for two years. The court granted applicable custody credits.[2] The court ordered Laws to pay various fines and fees including a fine of $400 pursuant to section 1203.097.[3]
Laws contends the trial court erred in fining him pursuant to section 1203.097 because this fine only applies to defendants placed on probation, not to those sentenced to prison. Respondent concedes the error.[4]

Respondents Eduardo Serrano and his wife Veronica Espinoza (respondents) were arrested and taken into custody for drug offenses. They were released on bail after they obtained a bond from appellant Ajua Bail Bonds (appellant). Appellant subsequently surrendered respondents and claimed they failed to comply with the terms of the bail bond agreement. The instant appeal involves an order from the Superior Court of Fresno County, which granted respondents' motion for return of the bail premium pursuant to Penal Code[1] section 1300, subdivision (b). The court granted the motion because it found appellant failed to present competent evidence to show there was good cause for the surrender of respondents into custody.
On appeal, appellant asserts the superior court abused its discretion when it granted respondents' motion because another court had already found there was good cause to surrender respondents. Appellant further asserts there was good cause for respondents' surrender because respondents violated the terms and conditions of the bail bond agreement. Respondents contend this appeal is frivolous and request sanctions against appellant. We will deny respondents' request for sanctions and affirm the superior court's order.

This appeal presents the unfortunate situation of two brothers and their spouses who purchased and operated a Merced County almond orchard without a clear agreement or understanding regarding the rights and responsibilities arising from their operation of the property over three crop years, 2003-2005. Appellants, the co-owners of the agricultural land in Atwater, appeal from a judgment awarding respondents the sum of $22,023.03 for their half of net profits resulting from the production and sale of an almond crop in 2005.