CA Unpub Decisions

A modification decision.

Jorge David Zamora appeals his conviction, by jury, of the attempted murder of Charles Patton. (Pen. Code, 187, 664.)[1] Appellant repeatedly stabbed Patton, a homeless person, while his accomplice hit Patton over the head with a ceramic plate. Both acts caused life-threatening injuries. Appellant contends the trial court deprived him of his right to a unanimous verdict because it did not require the jury to agree unanimously on the specific act the stabbing or the hitting that constituted attempted murder. He further contends that he is entitled to additional presentence custody and good conduct credits. Respondent correctly concedes that appellant is entitled to additional credits. Court will order the abstract of judgment modified to reflect the correct custody and conduct credits and, as modified, affirm.

Appellant Ernie Balladarez was sentenced to seven years in state prison for assault with a deadly weapon with a prior serious felony conviction. He contends on appeal that insufficient evidence supports his conviction and that the trial court committed instructional and sentencing errors. Court affirm.

A jury convicted Julio Barragan of one count of possession of a firearm by a felon, and one count of possession of ammunition by a felon. The trial court sentenced him to a low base term of 16 months in state prison for the firearm offense, and a concurrent low term of 16 months for the ammunition offense. Court affirm the judgment.

Nassir Mohaber appeals from the trial courts confirmation of an arbitration award. Court affirm.

Josie Jasmine Alejandre appeals an order terminating her Proposition 36 probation, imposing and suspending a three-year state prison term, and reinstating her on non-Proposition 36 probation with various terms and conditions. On April 3, 2007, appellant was a passenger in a car when she was contacted by the police and arrested for being under the influence. When appellant was searched incident to her arrest, a bindle of methamphetamine was found concealed in her bra. She was subsequently charged with possessing methamphetamine (Health & Saf. Code, 11377, subd. (a)) and pled no contest. Imposition of a three-year state prison sentence was suspended and she was placed on Proposition 36 probation. She was also ordered to report to a residential treatment program.

On October 29, 2008, a petition under Welfare and Institutions Code section 602 was filed alleging that minor and appellant Xavier H. violated Vehicle Code section 10851, subdivision (a), the unlawful driving or taking of a vehicle. On February 2, 2009, the minor admitted the count, and he was committed to a three-month camp program.[1] The juvenile court set the maximum term of confinement at four years, four months. The minor then filed an appeal raising two issues. First, the minor contends that the minute order must be amended to reflect probation terms verbally imposed at the disposition hearing. At the hearing, the juvenile court ordered all prior terms and conditions of probation to remain in full force and effect. The court also orally ordered, [w]hile in camp, have no gang activity. Do the program. Stay out of trouble. The minute order states that the [c]onditions of probation made 9/4/07 remain in full force and effect and are modified to include #s 7 (Camp) and 15 (Known Gang Members).

Dedan Boyd appeals the judgment entered after a jury convicted him of selling a controlled substance (Health & Saf. Code, 11352, subd. (a)). In a bifurcated proceeding, the trial court found that appellant had a prior drug conviction (Health & Saf. Code, 11370.2, subd. (a)) and one prior strike conviction (Pen. Code, 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). He was sentenced to a total term of 11 years in state prison. He contends the court abused its discretion in partially denying his Pitchess motion. Court affirm.

The defendant appeals from an order granting a preliminary injunction restraining him from proceeding with the prosecution of [an action for damages which he has filed] before the Supreme Court of the State of New York . . . . The terms of this anti-suit injunction provide that it is to remain in effect until a related proceeding which is currently pending before the California Department of Industrial Relations, Division of Labor Standards Enforcement (the Labor Commissioner), has been resolved. We reverse the injunction because there are no exceptional circumstances justifying a restraint on the New York litigation. (Advanced Bionics Corp. v. Medtronic, Inc. (2002) 29 Cal.4th 697, 708 (Advanced Bionics).) We reverse the trial courts ensuing order denying defendants anti slap motion because this order was based on the granting of the injunction. (See Code Civ. Proc., 425.16.)

Hugo Juarez appeals his upper term sentence on Sixth Amendment grounds. Court affirm the judgment.

Appellant Martel Anderson was convicted, following a jury trial, of one count of possession for sale of cocaine base in violation of Health and Safety Code section 11351.5. Appellant admitted that he had suffered a prior drug conviction within the meaning of Health and Safety Code section 11370.2, subdivision (a) and Penal Code section 667.5, subdivision (b). The trial court sentenced appellant to a total of seven years in state prison. Appellant appeals from the judgment of conviction, contending that there is insufficient evidence to support his conviction. He also requests that we review the sealed Pitchess motion transcript for any abuse of discretion. Court affirm the judgment of conviction.

Appellant G.J. appeals from the juvenile courts orders granting the Los Angeles County Department of Children and Family Services petition to terminate her legal guardianship over her grandchildren and denying her Welfare and Institutions Code section 388 petition. For reasons set forth below, we conclude appellant failed to appeal the first order in a timely fashion and the juvenile court erred by summarily denying her section 388 petition.

Appellant Gerardo Flores appeals the judgment following his no contest plea to conspiracy to transport cocaine. (Pen. Code, 182, subd. (a)(1), Health & Saf. Code, 11352, subd. (a).) He argues that the trial court abused its discretion by imposing the upper term of five years. Court disagree and affirm.

Robert Burke appeals from the judgment of dismissal entered after the trial court sustained respondents' demurrer. Because appellant has disregarded the rules of appellate procedure and has failed to carry his burden of establishing reversible error, Court affirm.