CA Unpub Decisions
California Unpublished Decisions
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Carlton Wayne Colbert appeals from convictions following his pleas of no contest to possession of cocaine base for sale and sale or transportation of cocaine base. He contends the trial court erred in denying his motion to suppress evidence obtained as a result of what he claims was an unconstitutional patdown search. Court agree and reverse the convictions.
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Defendant entered a negotiated plea of no contest to possession for sale of methamphetamine (Health & Saf. Code, 11378). After defendants motion to withdraw the plea was denied, he filed this appeal, which reasserts his challenge to the validity of the plea. Court find that the plea was knowingly and voluntarily entered, and affirm the judgment.
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Defendant Allan D. Shocknesse pleaded no contest to transporting a controlled substance (cocaine) (Health & Saf. Code, 11352, subd. (a)) and driving while under the influence of alcohol or drugs (Veh. Code, 23152, subd. (a)). The trial court placed him on three years probation, on the condition that he totally abstain from alcohol and illegal drugs. Defendant contends that the trial court abused its discretion by refusing to modify the probation condition to permit him to use medical marijuana. Court disagree and affirm because the abstention condition was valid and appropriate given defendants history of drug abuse and other factors.
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Nam Chung Cho, Kyung Chae Park and Chu Hyuk Yoon appeal from the trial courts order granting Thornton, Taylor, Becker & Shinns special motion to strike under Code of Civil Procedure section 425.16, the anti-SLAPP (strategic lawsuit against public participation) statute. Court affirm.
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Justin Ringgold-Lockhart purports to appeal from the following: a nunc pro tunc order approving an ex parte petition for preliminary partial distribution; an order authorizing the retaining of appellate counsel and payment of fees; and a statement of decision. The law firm of Oldman, Cooley, Sallus, Gold, Birnberg & Coleman, LLP, Andre-Paul Summers Chaussier as successor trustee of the Summers Family Trust, and Myer J. Sankary, successor trustee of the Aubry Family Trust have moved to dismiss Mr. Ringgold-Lockharts appeal. We have previously repeatedly held in connection with this current probate proceeding that Mr. Ringgold-Lockhart has no right to appeal as he has no standing. (Ringgold-Lockhart v. Sankary (Oct. 27, 2009, B212797) [nonpub. opn]; Ringgold-Lockhart v. Sankary (Jan. 13, 2009, B202858) [nonpub. opn].)
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In what is essentially a boundary dispute arising from an attempt to subdivide property, plaintiff Thad Crannell appeals from a judgment that dismissed, without prejudice, his petition for writ of administrative mandate (Code Civ. Proc., 1094.5) against defendants and respondents Glenn County and its Board of Supervisors (collectively, County). The trial court found that certain landowners in the area were indispensable and could no longer be made parties to the petition proceeding. ( 389.) Court shall affirm the judgment.
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Pursuant to a negotiated settlement, defendant Marco Moncada pleaded no contest to conspiracy to sell methamphetamine and admitted a prior strike conviction. Following the denial of his request for the trial court to strike the prior conviction, the court sentenced him to state prison for four years. On appeal, defendant contends the courts refusal to strike the prior conviction was an abuse of discretion. We disagree.
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Mario Willis appeals from a judgment of conviction and sentence after a jury convicted him of possession of a firearm by a felon, possession of a deadly weapon, and illegal possession of ammunition. The charges stemmed from an incident in which Willis retrieved a shotgun during a heated argument with his wife.
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Attorney Jennifer Hasso-Najm (Hasso‑Najm) appeals from a postjudgment order ruling on her motion for attorney fees incurred in litigation with her former client Donna Ferrey. Court conclude that the trial court properly apportioned fees, awarding only those fees that Hasso Najm incurred in pursuing her claim for breach of contract against Ferrey to recover payments due under the terms of the retainer agreement between Hasso Najm and Ferrey. Accordingly, Court affirm.
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A.C. and James A. appeal orders terminating parental rights to their son, Ali C., under Welfare and Institutions Code section 366.26. (Further statutory references are to the Welfare and Institutions Code.) A.C. and James also appeal orders summarily denying their petitions for modification under section 388. Court affirm the orders.
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The City of Banning discharged Rashphal Brar from the position of Assistant Public Works Director, Electrical Utility, a job he held from October 1998 until he was fired in November 2005. The reasons identified for his termination were that he had violated city policies involving harassment and computer use. The superior court denied Brars petition for writ of mandate (Code Civ. Proc., 1094.5) to have his discharge set aside. Brar appeals. Court affirm the superior court judgment.
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Defendant Kujtim Blakaj attended a friends birthday party, where he drank heavily, ingested LSD, and sexually assaulted four women guests, including the honoree.
A jury convicted defendant of nine sexual offenses (six felonies and three misdemeanors): counts 1, 2, 3, 4 and 6 for sexual penetration ( 289, subds. (a)(1) and (e)); count 5 for rape ( 261, subd. (a)(4)); counts 7, 8, and 9 for sexual battery ( 243.4, subd. (e)(1).) Counts 3 and 6 for forcible sexual penetration were committed against more than one victim. ( 289, subd. (a)(1), and 667.61, subd. (e).) The court sentenced defendant to a prison term of 30 years to life. On appeal, defendant challenges his convictions based on the sufficiency of the evidence, the application of section 667.61, and the legitimacy of his sentence. Court reject his claims of error and affirm. |
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Jose Alfonso Leyva stands convicted, following a jury trial, of first degree murder in which he personally and intentionally discharged a firearm, causing death. (Pen. Code,[1] 187, 12022.53, subd. (d).) Although he admitted having previously been convicted of a serious felony that was also a strike ( 667, subds. (a), (b)-(i), 1170.12, subds. (a)-(e)), the trial court dismissed the prior strike conviction ( 1385) and sentenced Leyva to prison for 50 years to life plus five years. Leyva filed a timely notice of appeal, and now raises claims of evidentiary and instructional error. The People also filed a timely notice of appeal, and now challenge dismissal of the strike conviction. For the reasons that follow, Court affirm the conviction, but vacate the sentence and remand the matter for further proceedings.
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