CA Unpub Decisions

After a court trial, appellant Franco Ramon Rodriguez was convicted of second degree commercial burglary and petty theft with prior convictions. (Pen. Code, 459, 666.) Sentenced to three years in state prison, Rodriguez contends that his waiver of a jury trial was invalid, requiring reversal of the judgment. Court affirm.

Appellant David Ray Maxwell pled guilty to felony possession of a firearm by a person with a specified misdemeanor. (Pen. Code, 12021, subd. (c)(1).) He was placed on probation for three years, subject to several conditions including a prohibition on his use or possession of cannabis, including marijuana for medical use. On appeal, Maxwell contends that this condition of probation is unreasonable and overbroad. Court affirm.

Following this courts disposition of petitioner Ricky Renee Sanders appeal in case number A105385 from his conviction of burglary and other offenses, the trial court resentenced petitioner to a term of 7 years, 8 months in state prison, and stayed several counts pursuant to Penal Code section 654. By letter dated October 17, 2008 addressed to the trial court, the Department of Corrections and Rehabilitation suggested that the trial courts amended abstract of judgment contained numerous errors. On November 6, 2008, the trial court issued an amended abstract of judgment, which, inter alia, increased petitioners prison term to 9 years, 4 months.

A modification decision.

Appellant, Mark Anthony Chaffin, appeals from the judgment imposed following his conviction by jury of first degree felony murder (Pen. Code, 187, 189; undesignated section references are to that code), carjacking ( 215, subd. (a)), robbery ( 211), and arson of property ( 451, subd. (d)). The jury further found as special circumstances that appellant committed the murder while engaged in the commission of a carjacking ( 190.2, subd. (a)(17)(L)), and a robbery ( 190.2, subd. (a)(17)(A)). Appellant admitted suffering a prior serious felony and strike conviction ( 667, subds. (a)-(i).) He was sentenced to a term of life without possibility of parole, plus five years for the prior conviction and four years for the arson. Sentences for the carjacking and robbery were stayed under section 654.

Following a jury trial, Manuel Hernandez was convicted of both robbery and grand theft for taking jewelry from a woman at a bus stop, and of resisting arrest. The trial court sentenced him to an aggregate term of 18 years in prison. We reverse the conviction for grand theft person (Pen. Code, 487, subd. (c)) because that offense is a lesser-included offense of the second degree robbery conviction ( 211, 213, subd. (a)(2)). Court vacate the sentence and remand the matter to the trial court for resentencing.

Debra A. Louks, in propria persona, appeals a judgment awarding damages to Thomas and Marianne Saby. Court modify and reduce the judgment to reflect a $17,500 good faith settlement by a codefendant, but otherwise affirm.

In this appeal, plaintiff Lawrence Reichelt (plaintiff) challenges an order that dismissed his case against William J. Koontz (defendant) after a demurrer by defendant to plaintiffs second amended complaint was sustained without leave to amend. Plaintiff asserts sustaining the demurrer amounted to an abuse of the trial courts discretion. Plaintiff also asserts error with respect to a discovery issue, and abuse of discretion with respect to a continuance of a mandatory settlement conference. Our review of the record convinces us there is no cause to reverse the order of dismissal.

A jury convicted defendant Melvin Smith (defendant) of selling cocaine base, a controlled substance. (Health & Saf. Code, 11352, subd. (a).) After waiving his right to a jury trial on his priors, defendant admitted that he had suffered a prior conviction for selling narcotics (Health & Saf. Code, 11370.2, subd. (a)) and a prior conviction under the Three Strikes law for assault with a deadly weapon (Pen. Code, 667, subds. (b)-(i) & 1170.12, subds. (a)-(d)),[1]and had served six prior prison terms ( 667.5, subd. (b)). The trial court sentenced defendant to state prison for a term of nine years calculated as follows: the low term of three years for the underlying offense, doubled to six years for the prior strike conviction, with an additional three years for the prior narcotics conviction. The trial court dismissed the six prior prison term enhancements pursuant to section 1385.

Naiyana Campbell appeals the trial courts order denying her request for a Qualified Domestic Relations Order (QDRO) designating her husband Terence Campbells estate as an alternate payee under his former wifes 401k plan. Court affirm.

In this idea submission case, plaintiff Laura Kightlinger claims defendant Mike White copied her ideas after reading her screenplay. The trial court granted summary judgment in favor of defendant. On appeal, plaintiff claims summary judgment was improper because triable issues of material fact remain as to (i) the existence of an implied contract between the parties with respect to plaintiffs ideas, and (ii) defendants use of plaintiffs ideas. Plaintiff also claims defendants evidence was insufficient to support the trial courts finding of independent creation. Court affirm.

Clifton Winston (Winston) brought this action for defamation and intentional infliction of emotional distress against Taxi Productions, Inc. (Taxi), 102.3 FM KJLH Radio Broadcasting (KJLH), Lawrence Williams (Williams), Janine Haydel (Haydel), Aundrae Russell (Russell), and Stevland Morris (Morris) (collectively defendants) after KJLH aired portions of a voicemail message the station received from an unknown caller.[1] Taxi and Williams appeal from an order denying their special motion to strike, brought pursuant to Code of Civil Procedure section 425.16 (section 425.16). Winston cross-appeals from the courts order granting the special motion to strike as to Haydel and Russell. Morris filed a separate special motion to strike which was granted and became the subject of a separate appeal. On our own motion, we consolidate the appeals.
Court find that Winston has not shown a probability of success on his claims of defamation and intentional infliction of emotional distress (IIED) against the defendants. Therefore, we affirm the trial courts orders granting the special motions to strike filed by Haydel, Russell, and Morris, and we reverse the trial courts order denying the special motion to strike as to Taxi and Williams.

Defendant Anthony Ray Taylor appeals from a judgment entered after a jury convicted him of count 1, assault by means likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1))[1] and count 2, possession of marijuana (Health & Saf. Code, 11357, subd. (b)). On May 24, 2007, the jury returned a verdict of guilt against defendant on count 2, but deadlocked on count 1. The trial court imposed a $100 fine on defendant and credited him $100 for spending four days in jail.

Michael O'Hickey appeals a judgment following conviction of receiving stolen property. (Pen. Code, 496d, subd. (a).). Court affirm.