CA Unpub Decisions

Believing that she would soon die of liver disease, appellant In Soon Lee transferred property in equal shares to her four children. Appellant then recovered from her illness and wanted her property back. Three of her children complied, but one daughter, respondent Anna Lee Kim, did not. Appellant then brought this action to recover the property as well as damages on the ground that the gift was made in view of impending death (a gift causa mortis), and therefore revocable. The trial court sustained respondents general demurrers to the second amended complaint without leave to amend, and the action was dismissed.

L.C., father of 10 year old Ian, nine year old Elizabeth, and one year old Yvonne, appeals from the juvenile courts jurisdictional finding and dispositional orders awarding physical and legal custody of the children to their mother, E. Father contends there was insufficient evidence to support the juvenile courts finding and orders. Court hold that the juvenile courts jurisdictional finding is supported by substantial evidence and that the juvenile court did not abuse its discretion in awarding mother sole legal and physical custody of the children.

L.C., father of 10 year old Ian, nine year old Elizabeth, and one year old Yvonne, appeals from the juvenile courts jurisdictional finding and dispositional orders awarding physical and legal custody of the children to their mother, E. Father contends there was insufficient evidence to support the juvenile courts finding and orders. We hold that the juvenile courts jurisdictional finding is supported by substantial evidence and that the juvenile court did not abuse its discretion in awarding mother sole legal and physical custody of the children.

Based on information obtained from a confidential informant (CI), Sergei Walton, who died before trial, an undercover drug operation was commenced which resulted in the arrest of defendant Carlos Juan Mosqueda. Following a jury trial, defendant was convicted of numerous drug offenses and in bifurcated proceedings the court found two prior strike allegations true. One of those prior strikes was based on a juvenile adjudication. Defendant appeals contending his confrontation rights were violated by the admission of the then deceased Waltons statements. He also contends the use of his prior juvenile adjudication as a strike violated his due process rights. Court affirm.

In the middle of the night, while the 14-year-old victim was staying at defendants house, defendant Herman H. Albers took the victim into the laundry room and engaged in sexual conduct with her. Defendant was charged with a lewd act upon a 14- or 15-year-old child and unlawful sexual intercourse with a minor who is under the age of 16. A jury found defendant guilty of the lewd act but was unable to reach a verdict as to unlawful sexual intercourse. On appeal defendant argues the record does not contain substantial evidence to support the lewd act conviction because the victims testimony relied on her physically impossible statements [about what happened] after the alleged sexual intercourse . . . . Court disagree and affirm the judgment.

Defendant Scott Edward Cabral was charged with manufacturing hashish (count 1; Health & Saf. Code, 11379.6, subd. (a)), felony child endangerment (count 2; Pen. Code, 273a, subd. (a) [undesignated statutory references that follow are to the Penal Code]), and misdemeanor contributing to the delinquency of a minor (count 3; 272, subd. (a)(1)). Counts 1 and 2 were both alleged to have occurred on or about March 26, 2007; count 3 was alleged to have occurred on or about April 6, 2007. A jury convicted defendant on all counts.

This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436. In October 2008, Scott Williams was waiting at a bus stop on the Cosumnes River College campus when defendant Christian David Ento walked past him and said were you the guy who was talking mess? Defendant punched Williams twice, and Williams countered with two punches of his own. Williams then took his backpack off, set it on the street, and left to find the campus police. Williams then saw defendant take the backpack and walk away.

In April 2003, defendant Max Sanford Hylaris entered a negotiated plea of no contest to second degree burglary and use of a forged drivers license. The trial court suspended imposition of sentence and granted probation for a period of three years. In August 2004, defendant admitted three violations of the conditions of his probation. The court imposed sentence but suspended its execution, reinstated defendant on probation, and extended the term of probation to August 2007.

A jury convicted Michael David Sullivan of second degree murder(Pen. Code 187, subd. (a)), and found he used a deadly and dangerous weapon (a knife) in the commission of that offense (Pen. Code, 12022, subd. (b)(1)). The court sentenced Sullivan to 16 years to life in state prison.
Sullivan contends (1) there is insufficient evidence to support his murder conviction; (2) the court prejudicially erred by allowing the prosecution to rebut the testimony of a defense character witness by referring to evidence that Sullivan was associated with the Hell's Angels motorcycle gang; (3) the court prejudicially erred by failing to inquire into reported jury misconduct; (4) he was denied his constitutional right to effective assistance of counsel when his attorney "opened the door" to evidence regarding the Hell's Angels and failed to object and request a hearing regarding jury misconduct; (5) the court prejudicially erred by giving the jury erroneous instructions on self defense and imperfect self defense; (6) he was denied his constitutional rights to jury trial and due process by the court's failure to respond to jury notes indicating the jury was hung, and by the denial of his motions for a mistrial and the dismissal of a hold-out juror; (7) the release of a juror without his presence denied him his right to be present during a critical stage of the proceedings; (8) he was denied his right to a unanimous jury verdict by the court's failure to adequately instruct the jury to begin deliberations anew after an alternate juror was substituted in place of a released juror; and (9) the cumulative effect of the asserted errors requires reversal. We conclude the court committed reversible error by allowing the prosecution's references to evidence connecting Sullivan to the Hell's Angels, and by failing to adequately instruct the jury to begin deliberations anew after substitution of an alternate juror. Accordingly, Court reverse the murder conviction.

Alexis C. appeals from a judgment of wardship following a finding that she committed petty theft and residential burglary. (Welf. & Inst. Code, 602.) Alexis, who was 11-years old at the time of the offenses, contends the evidence failed to rebut the presumption that she was incapable of committing the crimes. (Pen. Code, 26, undesignated statutory references are to this code.) She additionally claims insufficient evidence supported the finding that she intended to commit a felony when she entered the residence. Court reject both contentions and affirm the judgment.

A jury convicted Gregory Scott Pressley of one count of corporal injury to his spouse, Jocelyn L., in violation of Penal Code[1] section 273.5, subdivision (a) (hereafter referred to as section 273.5(a)). The jury also found true the allegation that during his commission of that offense, Pressley personally inflicted great bodily injury upon Jocelyn, who was not an accomplice to the offense, within the meaning of section 12022.7, subdivision (e). At the sentencing hearing, the court granted Pressley three years of formal probation.

A jury found defendant Raul Ozvaldo Alvarez guilty of transporting methamphetamine (Health & Saf. Code, 11379, subd. (a)) and possession of methamphetamine for sale (Health & Saf. Code, 11378). Defendant was sentenced to a total term of three years in state prison. Defendants sole contention on appeal is that the trial court erred in denying his Wheeler/Batson motion. Court reject this contention and affirm the judgment.

Defendant stole a lawnmower out of a garage while the homeowner was inside the home. Defendant was convicted of burglary while a person was present in the residence. He was found to have suffered two prior serious felonies and three prior serious or violent felony convictions.

After police officers stopped the car that defendant William Allen Carter was driving, they found 1.5 grams of methamphetamine inside a panel in the dashboard. Defendant admitted that he was high on methamphetamine and that he used it every day. Defendants roommate, however, testified that both the car and the methamphetamine belonged to her and that defendant did not know the methamphetamine was there.