CA Unpub Decisions
California Unpublished Decisions
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Tromaine Ellis appeals from the judgment entered following revocation of probation previously granted after his plea of no contest to corporal injury to a spouse (Pen. Code, 273.5, subd. (a)). The trial court suspended imposition of sentence and placed appellant on five years formal probation, on the conditions, among others, that he attend 52 domestic violence classes, one a week for a year, obey all laws, pay a restitution fine and victim restitution, cooperate with his probation officer and keep the probation officer apprised of his residence. The judgment is affirmed.
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Steve Thornton (appellant) appeals from a judgment entered following his negotiated plea of no contest to possession of cocaine base (Health & Saf. Code 11350(a).) and his admission of two of six charged priors. (Pen. Code 667.5 (b).) As promised, appellant was sentenced to state prison for five years, consisting of the upper three-year term for the new offense and a year for each prior. Appellant filed a timely notice of appeal and we appointed counsel. On October 17, 2008, counsel filed an opening brief raising no issues. On the same date the clerk of this court notified appellant by letter that he had 30 days to submit any contentions or arguments. Thornton has not responded, but we have considered the claims suggested by his application for the certificate of probable cause.
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Nicomedes Viray challenges Governor Arnold Schwarzenegger's reversal of a decision by the Board of Parole Hearings (the Board) finding him suitable for release on parole. We conclude there was no evidence to support the Governor's ultimate conclusion that Viray was unsuitable for parole because he currently posed an unreasonable risk to public safety. Accordingly, Court grant Viray's petition for a writ of habeas corpus and reinstate the Board's parole release order.
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Terri Loretz as trustee of the Connie L. Loretz Trust (the Trust) appeals an order of the superior court denying its petition for a writ of mandate or prohibition that sought in part to prevent the City of Chula Vista (the City) from enforcing approximately $240,000 in civil penalties imposed against it for its failure to timely comply with a notice of electrical violations at its mobilehome park. The Trust contends that the superior court erred in denying its petition because the City was required by law to hold an administrative hearing before imposing the penalties. To the extent that the argument is not waived, Court find it unavailing and affirm the order.
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In this marital dissolution proceeding Erwin J. Shustak, an attorney, appeals from a judgment entered after a trial asserting (1) the court failed to rule on his entitlement to credits for loan reimbursements and reduced retroactive spousal support; and (2) the court erred in refusing to grant Erwin[1] relief under Code of Civil Procedure[2] section 473, subdivision (b) (section 473(b)), based upon an alleged mistake of fact and law, from a stipulation that he entered into on the first day of trial which confirmed that several stock accounts were his wife Andrea's separate property. Court affirm.
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Cleveland Gardner entered a negotiated guilty plea to selling cocaine base (Health & Saf. Code, 11352, subd. (a)) and admitted two prior convictions of Health and Safety Code section 11351.5, subdivision (a) (Health & Saf. Code, 11370.2, subd. (a)), a strike (Pen. Code, 667 subds. (b)-(i), 1170.12, 668), and three prior prison terms (Pen. Code, 667.5, subd. (b), 668). The court dismissed the Health and Safety Code section 11370.2, subdivision (a) allegations and the prison priors and sentenced him to prison for eight years (twice the middle term). Gardner appeals. Court affirm.
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Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Steve Oetting and Donald W. Ostertag, Deputy Attorneys General, for Plaintiff and Respondent. Defendant and appellant Jamie Moreno appeals his jury conviction for a single count of unlawfully taking or driving a vehicle in violation of Vehicle Code section 10851, subdivision (a). He argues he was prejudiced because the trial court erred by failing to provide the jury with a unanimity instruction. He also seeks a one-year reduction in his sentence because he contends the trial court erroneously imposed two prior prison term enhancements under Penal Code section 667.5, subdivision (b), when he only served a single prison term for the two prior convictions alleged by the prosecution. In addition, defendant requests a minor clerical correction to the abstract of judgment to reflect that he was sentenced pursuant to Penal Code section 666.5, subdivision (a). The judgment is affirmed in all other respects.
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Defendant and appellant Enrique Arguello appeals following a guilty plea. He argues the trial court erroneously stayed his conviction for attempted sexual penetration (Pen. Code, 289, 664) pursuant to section 654. According to defendant, the trial court should have dismissed this conviction pursuant to his plea agreement or because it is a lesser included offense to his conviction for assault with the intent to commit an act of sexual penetration. ( 220.) the judgment is affirmed.
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A jury convicted appellant Erin Joseph Fyfe of four counts of second degree commercial burglary (Pen. Code,[1] 459; counts 1-4) and one count of grand theft by use of an access card or account information for an access card acquired or retained without the permission of the cardholder or the card issuer ( 484g, subd. (a); count 5). Appellant was sentenced to the upper term of three years on count one. Middle term sentences on the other four counts were to be served concurrently. On appeal, appellant contends (1) the trial court erred in admitting incriminatory statements he made to a police investigator because the statements were taken in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda), (2) insufficient evidences supports his convictions of commercial burglary, (3) insufficient evidence supports his conviction of grand theft, and (4) People v. Black (2007) 41 Cal.4th 799 (Black II), which supports the imposition of the upper term in this case, was wrongly decided. Court reject these contentions and affirm the judgment.
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Appellant, Albert Sanchez, challenges his conviction for possession of methamphetamine (Health & Saf. Code, 11377, subd. (a)). According to appellant, the trial court deprived him of his right to an impartial jury by failing to inquire into the alleged bias of one of the jurors. Appellant further asserts that his trial was tainted by judicial misconduct because the trial court incorrectly accused defense counsel of using an improper question during voir dire. Appellant also contends that statements he made were admitted in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda). Finally, appellant challenges his sentence on the ground that he is entitled to additional presentence custody credit. As discussed below, appellant had unused peremptory challenges available when the jury was impaneled. Consequently, appellant did not preserve the juror bias issue for appeal. Further, contrary to appellants position, the trial courts comments on defense counsels voir dire did not imply that counsel engaged in improper conduct. Moreover, the trial court correctly ruled that appellant was not in custody when he made the incriminating statements. Thus, no Miranda violation occurred. Accordingly, the conviction will be affirmed. However, appellant is entitled to additional presentence custody credit and the judgment will be modified accordingly.
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After breaking into a house and accosting the occupants, defendant Ryan Cerda was convicted of burglary, attempted robbery, assault with a deadly weapon, and preventing or dissuading a witness from reporting the crimes. His aggregate prison sentence was 16 years. Cerda argues now that the court gave the jury erroneous instructions and an inadequate verdict form. He also contends that the sentences for three of his crimes should have been stayed pursuant to Penal Code section 654 and that the court imposed consecutive sentences improperly. Court modify the judgment to stay, pursuant to Penal Code section 654, the 16-month sentence for burglary and the eight-month sentence for attempted robbery, reducing the total unstayed sentence to 14 years. Court affirm the judgment as modified.
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The juvenile court rejected 14-year-old J.Ms claim that he was acting in self-defense when he plunged a sharpened screwdriver into the back of Jorge Flores Rajillo and thus the court found true the allegation that J.M. committed an assault with a deadly weapon. J.M. was sent to a group home. He appeals, claiming the evidence does not support the courts findings, the court failed to determine if the assault was a misdemeanor or a felony, and his conduct credits were improperly calculated. The judgment is affirmed.
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During a routine traffic stop appellant Arturo Murillo Garcia was arrested for driving without a valid California license. Kern County Sheriff Deputy Enrique Bravo decided to impound the vehicle. Bravo and his partner conducted an inventory search of the vehicle. A plastic baggie containing methamphetamine was found next to the drivers side door. Bravo asked appellant if the baggie belonged to him. Appellant replied that he forgot he had it there.
Pursuant to a negotiated plea agreement, appellant pled no contest to one count of transporting methamphetamine. In exchange, other pending charges were dismissed and appellant was sentenced to two years imprisonment. Prior to appellants change of plea, the court heard and denied a suppression motion in which he challenged the legality of the arrest and inventory search. Appellant challenges this ruling. Court are not persuaded and will affirm. |
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