California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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Phan v. County of Orange CA4/3
* * * In this action, Tin Quoc Phan filed a petition to confirm an arbitration award against County of Orange (the County). The trial court dismissed the petition, concluding it was barred by res judicata because “the evidence establishes that Phan brought essentially the same cl…
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P. v. Ortega CA1/1
16SF009866A) Defendant Manuel Ortega pleaded no contest to dissuading a witness, infliction of injury on a dating partner, and sexual battery, and the trial court placed him on probation (case No. 16SF009866A). While on probation, defendant was arrested and subsequently pleaded n…
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P. v. Rivera CA1/2
SCN17497001) In 2001, defendant Jose Rivera pleaded guilty to voluntary manslaughter, three counts of attempted murder, and one count of assault with a firearm and admitted personal use of a firearm in committing voluntary manslaughter. In 2022, defendant filed a petition for res…
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P. v. Nyambi CA1/2
Defendant Tita Nyambi appeals from an order revoking his mandatory supervision and requiring him to serve the remainder of his previously imposed sentence based on his convictions for various drug offenses. His appointed counsel filed a brief raising no issues and requesting that…
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P. v. Conn CA3
In 2013, a jury convicted defendant Joseph Lee Conn of first degree murder, attempted murder, and attempted robbery, and it found true a robbery-murder special-circumstance allegation. The trial court sentenced defendant to life without the possibility of parole plus nine years. …
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P. v. Bernal CA3
The trial court sentenced defendant Jose Gibran Marroquin Bernal to an aggregate term of 24 years after a jury found him guilty on three counts of forcible lewd act upon a child under age 14 and one count of lewd act upon a child under age 14. Appointed counsel asks this court to…
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P. v. Warr CA3
Defendant Calvin Warr appeals from a postconviction order denying his resentencing petition under Penal Code section 1172.6. 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 (Delg…
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P. v. Readus CA4/1
INTRODUCTION Pierre Renee Readus pled guilty in 2015 to voluntary manslaughter and admitted various prior conviction and sentencing enhancement allegations. He now appeals from the trial court’s order resentencing him
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P. v. Bonilla CA1/2
A jury found defendant Eduardo Bonilla guilty of disobeying a protective order, and the trial court placed him on three years of formal probation. Defendant’s court-appointed counsel has filed a brief asking this court for an independent review of the record under People v. Wende…
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P. v. Afamasaga CA1/4
Ednie Afamasaga and Fogatia Fuiava appeal after a jury convicted them of second degree murder of Kenneth McDaniel, shooting at an occupied vehicle, and assault with a firearm on Raymond Burt, as well as various enhancements, based on a
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P. v. Aregger CA1/4
Timothy Charles Aregger appeals from a judgment entered on a jury verdict finding him guilty of multiple counts of making criminal threats and one count of brandishing a weapon. We see no merit in the appeal and will affirm.
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P. v. Rodriguez CA3
A jury convicted defendant Raul Daniel Linarez Rodriguez of multiple firearm- related offenses after a trial at which three law enforcement officers testified that he was the suspect depicted in a surveillance video. The trial court selected the upper term on various counts and s…
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P. v. Shirley CA4/1
Billy David Shirley, Jr., appeals the trial court’s order resentencing him under Penal Code1 section 1172.75 for his 2009 convictions for attempted murder, attempted carjacking, and being a felon in possession of a firearm. After having struck Shirley’s one-year prison prior (§ 6…
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P. v. Perez CA4/1
Appellant Teresa Perez appeals judgments entered in two criminal cases following her guilty plea to petty theft with priors (Pen. Code1, §§ 484, 1 Undesignated statutory references are to the Penal Code. 666.1; count 1) and possession of personal identifying information of anothe…
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P. v. Nieves CA4/1
Martin Odilon Nieves approached a parked car and shot the passenger, Jose C., in the leg. Jose exited the vehicle, and Nieves shot him a second time. A jury convicted Nieves of shooting at an occupied vehicle in violation of Penal Code1 section 246 (count 1) and assault with a fi…
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P. v. Smith CA4/2
After completing probation, Henry Smith petitioned under Penal Code section 1203.4 to withdraw his guilty plea and have the charge dismissed. (Unlabeled statutory references are to the Penal Code.) The trial court denied the petition without prejudice,
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P. v. Floresmata CA1/4
Following the trial court’s denial of his motion to suppress evidence, defendant Sergio Floresmata entered a plea of no contest to a charge of firearm possession by a person with a prior violent felony conviction. On appeal, Floresmata contends the court erred by denying a suppre…
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P. v. Gaytan CA2/8
A jury convicted Herson Gaytan of first degree murder. The trial court denied Gaytan’s petition for resentencing under Penal Code section 1172.6 (section 1172.6), and we affirmed. (People v. Gaytan (Nov. 19, 2024, B334098) [nonpub. opn.] (Gaytan).) The Supreme Court granted revie…
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P. v. Villa CA2/8
Defendant Pascual Villa appeals from his conviction and sentence after a jury convicted him of sexually abusing four minor children. First, Villa contends and the People agree his indeterminate sentence for count 7 was an ex post facto sentence. Second, Villa asks us to review th…
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P. v. Contreras CA2/2
Defendant Jose Juan Contreras moved under Penal Code1 section 1538.5 to suppress evidence discovered by police during a warrantless detention. Following the trial court’s denial of the motion, Contreras pled no contest to possession of a controlled substance with a firearm (Healt…