CA Unpub Decisions

On June 4, 2008, appellant, Ronal Lee Owens, was charged in an information with felony transportation of methamphetamine (Health & Saf. Code, 11379, subd. (a), count one), felony possession of methamphetamine (Health & Saf. Code, 11377, subd. (a), count two), misdemeanor resisting arrest (Pen. Code, 148, subd. (a)(1), count three), and misdemeanor possession of narcotic paraphernalia (Health & Saf. Code, 11364, count four). The information alleged two prior prison term enhancements (Pen. Code, 667.5, subd. (b)).

Defendant E.S., a minor, was found to have committed robbery and battery. On appeal, he contends (1) insufficient evidence supported the robbery finding, (2) the juvenile court erred by failing to stay the battery term and (3) the probation condition requiring drug and alcohol testing was improper. Court will order the battery term stayed and affirm in all other respects.

Defendant was convicted of one count of aggravated mayhem following an incident in which he severely injured one of his roommates. He argues the trial court erred by failing to hold a full hearing on the issue of his competency to stand trial, and further claims there was insufficient evidence of his specific intent to support the aggravated mayhem charge. Court find both arguments to be without merit and affirm the judgment.

This marital dissolution action has been before us several times. In its latest episode, husband Hao-Cheng Liu appeals from a domestic violence restraining order that prohibits any contact with his wife and now five-year-old daughter for five years. He claims the court erred when it denied his motion to continue the hearing because he had not had the opportunity to depose his wife, Kuo-Ling Chang, and he did not have all the evidence she presented at trial. Further, because he anticipated there would be a continuance he did not travel from Hong Kong and thus did not testify at the hearing. Because failure to continue the hearing was not error, Court affirm.

We appointed counsel to represent defendant Joseph Jeffrey Patterson on appeal. Counsel filed a brief which set forth the facts of the case. Counsel did not argue against the client, but advised the court no issues were found to argue on defendants behalf. Defendant was given 30 days to file written argument in his own behalf. That period has passed, and Court have received no communication from him. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel listed six issues to assist the court in conducting its independent review of the record. Each of those issues is discussed below.

Defendant Edgar Morales Yanes challenges his conviction contending there was insufficient evidence to support the jurys finding that he had the specific intent to commit rape before he entered the victims apartment. He also contends there was insufficient evidence to convict him of first degree robbery. Lastly, he challenges his one strike sentence of 25 years to life pursuant to Penal Code section 667.61, subdivision (d) (4) on the basis it constitutes cruel and unusual punishment. Court affirm the judgment.

This is the second appeal in this matter. In the first appeal, we affirmed a judgment rescinding the underlying transaction and ordering defendant Barbara M. Fisler, Trustee of the Barbara M. Fisler Revocable Trust, to make restitution to plaintiff Omar Deen. Following the issuance of the remittitur, the trial court granted plaintiffs motion for postjudgment interest. Defendant contends this was error because, among other things, she tendered the full amount of restitution to plaintiff the day after the judgment was entered. Although this was conditioned on plaintiffs waiver of his right to appeal the judgment, defendant argues the condition was not unwarranted. Court agree and reverse the order awarding plaintiff postjudgment interest.

M.J. was taken into protective custody after her birth because she tested positive for drugs. She was removed from her parents custody and placed in foster care. Her mother, Stacy S. (Mother), is not a party to this appeal. Her father, Raymond J. (Father), appeals from the juvenile courts order removing M.J. from his care. Court conclude the appeal lacks merit because there was evidence Father had a history of substance abuse and his efforts at reunification before the disposition hearing were insufficient. Court affirm the order.

Defendant Angel Orozco Nunez appeals his conviction for murder, arguing that his confession to the police should have been excluded because it was involuntary. After reviewing the record, including the videotape of the police interview, in light of the relevant law, we find that defendants statements were properly admitted. Court also reject defendants remaining argument with respect to the pattern jury instruction on reasonable doubt. The judgment is affirmed.

As part of a negotiated plea agreement, defendant Carlos Javier Lopez pleaded no contest in two separate cases on February 28, 2008. In case No. SS071095A, defendant pleaded no contest to inflicting corporal injury upon a spouse (Pen. Code, 273.5, subd. (a))[1] and admitted the allegation that he had served a prison prior term ( 667.5, subd. (b)). In case No. SS072763A, defendant pleaded no contest to stalking in violation of a court order ( 649, subd. (b)) and admitted the allegation that the offense was committed while he was released on bail ( 12022.1, subd. (b)). Imposition of the eight-year sentence was suspended and defendant was placed on probation. Subsequently, probation was revoked and the trial court imposed the previously suspended sentence and ordered defendant to pay victim restitution and restitution fines. In light of defendants no contest pleas, and because the facts underlying defendants convictions are not at issue, our brief summary of the facts is drawn from the probation report filed on April 3, 2008.

Respondent Mohsen Afrasiabi signed an independent contractor agreement with appellant Silicon Valley Innovation Company, LLC (SVIC) in September 2004. The terms of the contract stated that, in exchange for a monthly payment of $15,000, Afrasiabi would provide the consulting services that he deemed necessary to SVIC or an affiliate thereof, in the organization and administration of its office affairs. The independent contractor agreement also included an arbitration clause.

A Welfare and Institutions Code section 602 petition (the D petition) alleged that, on or about December 3, 2008, M.W. (the minor) attempted to dissuade a victim or witness from reporting a crime. (Pen. Code, 136.1, subd. (b)(1).) A subsequent petition (the E petition) alleged that the minor violated the terms of his probation. (Welf. & Inst. Code, 777.)

Plaintiff Steven Mora lost his home when it was sold in a nonjudicial foreclosure sale. He sued defendant Litton Loan Servicing, LP (Litton), among others, seeking to avoid the sale on the ground that the sale violated a recently enacted section of the Civil Code. (Civ. Code, 2923.5, hereafter, section 2923.5.) The trial court sustained Littons demurrer on the ground that section 2923.5 did not apply in this case. Court agree and affirm.

Defendant Samuel Harry Blount was charged by information with possession of methamphetamine (Health & Saf. Code, 11377, subd. (a) (count 1)), a felony, one count of being under the influence of methamphetamine (id., 11550, subd. (a) (count 2)), a misdemeanor, and possession of marijuana (id., 11357, subd. (b) (count 3)), a misdemeanor. The information alleged that defendant had suffered one prior strike conviction (Pen. Code, 667, subds. (b)-(i), 1170.12) and had served two prior prison terms (id., 667.5, subd. (b)).