CA Unpub Decisions

A jury convicted Jorge L. Montes of two counts of attempted premeditated murder and one count of mayhem. A number of special allegations were also found true. Montes was sentenced to 50 years to life in prison. He appeals, claiming: (1) the trial court erred when it permitted the jury to hear his incriminating statements to the police; (2) there was insufficient evidence to support his conviction; and (3) the trial court failed to properly instruct the jury on a lesser included offense. Court affirm.

A modification decision.

Defendants Jeron Jackson and John Shepherd were, after a joint trial, convicted by a jury of robbery and unlawful use of a badge and were sentenced to two years imprisonment for the robbery and a concurrent one year for unlawful use of a badge. On appeal, they contend insufficient evidence supports the verdicts. Shepherd further contends his trial attorney provided constitutionally ineffective assistance by failing to seek admission of evidence that would have corrected any impression that his version of events at trial was inconsistent with his pretrial statements to police. Court conclude substantial evidence supports the convictions and Shepherd received constitutionally effective assistance.

A jury convicted defendant Dwight Marquis McDowell of attempted murder and attempted voluntary manslaughter, and found true gang and weapons allegations. On appeal, defendant argues the evidence was insufficient to support his conviction for attempted murder and the gang allegations. Court are not persuaded by defendants arguments and affirm.

Appellant D.C., a minor, appeals from an order of the juvenile court declaring him to be a ward of the court under Welfare and Institutions Code section 602[1]and placing him home on probation. Appellant contends that the court erred in imposing a maximum term of confinement of three years because he was not removed from his home. (See Welf. & Inst. Code, 726, subd. (c).) Respondent agrees with this contention. Appellant also contends that the court failed to exercise its discretion to determine whether Appellants offense was a felony or a misdemeanor. Court agree with Appellant. Court therefore affirm the judgment, but we remand for the juvenile court to strike the specification of a maximum term of imprisonment and to consider whether the offense is a felony or misdemeanor.

The juvenile court sustained a section 602 petition[1] against minor L.B. (appellant), finding that he had committed felony second degree robbery in violation of Penal Code section 211. At disposition, the court declared appellant a ward of the court and placed him in a camp community program for three months. Appellant challenges the disposition, arguing the juvenile court abused its discretion in not orderingas recommended by both the Probation Department and the Department of Children and Family Servicesjoint supervision. Court affirm.

S.R. (Father) appeals from an order at the dispositional hearing requiring that his visitation with S.R. (Daughter) be monitored. Court affirm because Father fails to show any error, insufficiency of the evidence, or abuse of discretion.

Following a dispute with a fellow gang member, defendant Lamont Rashad West drove by a residence, pointed a handgun at the house, and fired three times. An information charged defendant with willful, unlawful, and malicious discharge of a firearm at an inhabited dwelling; possession of a nine-millimeter handgun by a felon; and child endangerment. A jury found defendant guilty on all counts. Sentenced to 15 years to life in state prison, defendant appeals, contending (1) gang expert testimony was improperly admitted, (2) lack of sufficient evidence to support the gang enhancement, (3) the court erred in admitting statements by fellow gang members, (4) lack of sufficient evidence of child endangerment, (5) instructional error, and (6) sentencing error. Court shall affirm the judgment.

The minor, Raymond S., was adjudicated a ward of the court (Welf. & Inst. Code, 602)[1] after vandalizing Rafael Garcias SUV and causing damage of at least $400. (Pen. Code, 594, subd. (b)(1).) On appeal, the minor contends the trial court prejudicially erred in failing to provide an interpreter for Garcia and that there was insufficient evidence showing the amount of damage to Garcias was at least $400. Court affirm.

On September 30, 2007, defendant Sandra Michelle Ornellas shoplifted items worth $170.86 from Wal-Mart. She was caught as she left the store. When cited, she gave her sisters name rather than her own. Defendant had a 2004 conviction for burglary and served time. Defendant entered a plea of no contest to petty theft with a prior (Pen. Code, 666) in exchange for dismissal of the remaining count and allegation and a stipulated state prison term of 16 months. The court sentenced defendant accordingly.
The trial court is directed to prepare a corrected abstract of judgment reflecting defendants name as Sandra Michelle Ornellas and to forward a certified copy of the corrected abstract to the Department of Corrections and Rehabilitation. The judgment is affirmed.

B.W., mother of children K.P. and D.C., appeals from an order terminating parental rights and adopting a permanent plan of adoption. (Welf. & Inst. Code, 366.26.) She contends there is no substantial evidence the children are likely to be adopted within a reasonable time. Court shall affirm.

Defendant Mayo Maurice Laurent entered a negotiated plea of no contest to possessing cocaine base (Health & Saf. Code, 11350, subd. (a)) and misdemeanor resisting, delaying or obstructing a police officer. (Pen. Code, 148, subd. (a)(1).) The trial court suspended imposition of sentence and placed defendant on five years probation on various terms and conditions.
Defendant contends, and the People concede, that three conditions of his probation are unconstitutionally overbroad. We accept the concession and shall direct the probation order to be amended.

On December 30, 2008, Stockton Police officers conducted a parole search of defendant Thaddeus Anthony Lavell Scott and found him to be in possession of 0.31 grams of cocaine base. In January 2009, in case No. SF110576A, defendant pleaded guilty to possession of cocaine. (Health & Saf. Code, 11350, subd. (a).) Imposition of sentence was suspended and defendant was placed on probation for five years on conditions including Proposition 36 drug treatment. The judgment is affirmed.

Muriel Ketelsen allowed defendant Sean Michael Bryant, a family friend, to reside on her property in Redding while he performed work on her property in Igo.[1] Sometime in January 2009, defendant stole several items from the Igo property, including acetylene torch/welders, bathroom fixtures, chainsaws, air beds, blankets, comforters, solar showers, a shower tent, a solar lantern, solar flashlights, toilet paper, batteries and a battery charger, camouflage tarps, and other items. Investigating officers conducted a parole search of a travel trailer on the Redding property and found several of Ketelsens items that had been taken from the Igo property as well as the Redding property. Defendant pleaded guilty to second degree commercial burglary. (Pen. Code, 459, 460, subd. (b).) In exchange, two related counts and two unrelated cases were dismissed. The judgment is affirmed.