CA Unpub Decisions

APPEAL from the Superior Court of San Bernardino County. Donna G. Garza, Judge. Dismissed.
Charlotte E. Costan, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, and James D. Dutton and Emily R. Hanks, Deputy Attorneys General, for Plaintiff and Respondent.
Defendant Louis Crosby was found guilty of first degree murder (Pen. Code, §§ 187, subd. (a), 189), with an enhancement for personally and intentionally discharging a firearm and causing death (Pen. Code, § 12022.53, subd. (d)). As a result, he was sentenced to two consecutive terms of 25 years to life in prison. As part of his sentence, he was ordered to pay a restitution fine in the amount of $10,000 (Pen. Code, § 1202.4, subd. (b)(1)), plus direct victim restitution, payable to the Victim Compensation Fund, in the amount of $5,779.61 (Pen. Code, § 1202.4, subd. (f)).

Defendant and appellant Mario Sanchez Hernandez pled guilty to several offenses charged under three separate case numbers. He contends the superior court clerk erred by preparing three abstracts of judgment instead of one abstract reflecting the trial court's oral pronouncement of a single judgment resolving all of his cases. The People â€

Defendant and appellant William Burns, Jr., appeals a jury conviction for selling marijuana. (Health & Saf. Code, § 11360, subd. (a).) Court affirm.

Defendant and appellant William Burns, Jr., appeals a jury conviction for selling marijuana. (Health & Saf. Code, § 11360, subd. (a).) Court affirm.

Pursuant to an indicated sentence, defendant and respondent Queen Daniel Pomel pled guilty to robbery (Pen. Code, § 211)[1] and burglary (§ 459). Defendant was immediately sentenced to a suspended low term of two years and placed on probation. The People contend that the trial court's immediate sentencing was in excess of the trial court's jurisdiction because the victim was not given notice of sentencing, and a probation report was not ordered even though the People requested one. We dismiss because the People's remedy was to file a writ of mandate or prohibition, and we are without jurisdiction to review on appeal a challenge by the People to an order granting probation. (§ 1238, subd. (d).)

Defendant Adan Martinez Castillo appeals a judgment following his conviction of four counts of attempted murder (Pen. Code, §§ 664, 187, subd. (a); counts 1-4) and one count of shooting at an inhabited dwelling (§ 246; count 5). We conclude that the trial court properly denied defendant's Wheeler/Batson motion, and that substantial evidence supports the gang enhancements. Court affirm.

In this matter, we have reviewed the petition and the answer/opposition filed by real parties in interest. Court have determined that resolution of the matter involves the application of settled principles of law, and that issuance of a peremptory writ in the first instance is therefore appropriate. (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 178.)

On appeal from a judgment of conviction of two misdemeanors, Tony Lewis requests review of an in camera discovery hearing and argues that a ruling barring the admission of a witness's prior inconsistent statement prejudiced him, that the court committed constitutional jury selection error, and that the statute of limitations requires the reversal of both convictions. Court reverse the judgment on the statute of limitations issue, so his other issues are moot.

Investigating a double-fatality single-car crash, a California Highway Patrol officer spoke with eyewitnesses who reported that a driver in a sport utility vehicle raced the car at speeds nearing or exceeding 100 miles per hour and took off after the accident. David Christiansen, the sport utility vehicle driver, admitted racing before the day of the crash and admitted speeding on the day of the crash but denied racing on the day of the crash and denied causing the crash. He admitted not stopping after the crash, but claimed he tried to overtake a speeding vehicle that, moments before the crash, cut off the car that crashed. A jury found him guilty of, inter alia, leaving the scene of an accident. On appeal, he argues an instructional issue and a sentencing issue. Court affirm.

B.R. committed felony assaults on three youths for the benefit of, at the direction of, or in association with a criminal street gang, with specific intent to promote, further, or assist in criminal conduct by gang members. On appeal, he argues an insufficiency of the evidence of aiding and abetting and a void for vagueness condition of probation. Court modify the condition of probation but otherwise affirm the judgment.

On the morning of December 27, 2005, Gonzalo Ceja heard his uncle Gavino Mendoza call him. Ceja went outside and saw his uncle on the ground and saw a man with a knife. He heard the man tell his uncle, time after time, to give him the money. With a metal tool in his hand, Ceja ran at the man and got to within 12 to 15 feet of him before he took off. Three days later, his uncle died of complications from a stab wound to the abdomen. From a photographic lineup and at trial, Ceja identified the man as W.C. Spivey III. On appeal from his conviction of special circumstance murder and attempted robbery, Spivey argues that (1) a suggestive photographic lineup, (2) the prosecution's withholding of discovery, and (3) jury selection error prejudiced him. Court affirm the judgment.

Appellant/defendant Edward Johnson (Johnson) was convicted with codefendants Benjamin Hernandez (Benjamin) and Francisco Hernandez (Francisco) of multiple felonies arising from their participation in an armed robbery of a Chevron store in Porterville. The other robbery participants were Michael Santoyo (Michael) and Ricky Lucero (Ricky).[1] Benjamin, Francisco, Johnson, and Ricky were members of the Fresno Bulldog gang. Michael was not a gang member, but he previously worked at the store and knew where the money was kept. Michael told his girlfriend, Felecia Hernandez (Felecia), about the large amount of cash kept in the store's office. Felecia was Francisco's sister and Johnson's cousin, she knew they were in the Fresno Bulldog gang, and she told her brother about the money in the store. The armed robbers brutally beat the store clerk with a baseball bat and stole approximately $160,000.
Johnson was convicted of count I, kidnapping to commit robbery of the store clerk (Pen. Code[2] § 209, subd. (b)), count II, robbery of the store clerk as a Chevron employee (§ 211); count III, assault with a firearm (§ 245, subd. (a)(2)); simple assault (§ 240) as a lesser offense of count IV, assault with a deadly weapon, a bat; count V, conspiracy to commit robbery (§ 182); and count VI, robbery of the clerk's personal property. As to counts I, II, III, V, and VI, the jury found true the special allegations that he committed the offenses for the benefit of a criminal street gang (§ 186.22, subd. (b)); a principal personally used a handgun (§ 12022.53, subds. (b) & (e)(1)); and the property taken exceeded $50,000 (§ 12022.6, subd. (a)(1)).
On appeal, Johnson contends there is insufficient evidence to support his conviction for kidnapping to commit robbery, and he was improperly convicted of two counts of robbery. Johnson further contends there is insufficient evidence to support the gang enhancements, and he raises sentencing issues. Court will reverse one of the robbery convictions and otherwise affirm.

With a nighttime telephonic search warrant, Bakersfield police searched Brandon James Casper's house, outbuildings, and grounds for marijuana and for currency and paraphernalia associated with sales of marijuana. He filed a motion to quash and traverse the search warrant and to suppress the evidence. The court denied the motion. In return for dismissal of a possession of marijuana for sale charge, he pled no contest to cultivation of marijuana. On appeal, he argues that the search warrant issued without probable cause for a felony marijuana offense. Court affirm the judgment.

On July 17, 2008, the Fresno County District Attorney charged defendant with possession of methamphetamine while armed with a loaded firearm (Health & Saf. Code, § 11370.1, subd. (a); count 1) and possession of narcotics paraphernalia (Health & Saf. Code, § 11364; count 2).
Defendant unsuccessfully moved to suppress evidence obtained during a search of his vehicle. He withdrew his not guilty plea and entered a plea of no contest. Count 2 was dismissed in the interests of justice.
The court granted defendant two years' probation subject to his serving 90 days in the county jail.