CA Unpub Decisions
California Unpublished Decisions
A jury convicted defendant Efren Nieves Gonzalez of possession of a destructive device in a public place (Pen. Code, 12303.2)[1] possession of a destructive device ( 12303), and possession of drug paraphernalia (Health & Saf. Code 11364, subd. (a)). Defendant contends the trial court erred in admitting statements in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda), erred in admitting defendants adoptive admission (Evid. Code, 1221), erred by instructing the jury with Judicial Council of California Criminal Jury Instructions CALCRIM No. 224 concerning the sufficiency of circumstantial evidence, and erred by denying defendants motion for mistrial or sanctions premised on the prosecutions late disclosure of evidence. ( 1054, subd. (b); Brady v. Maryland (1963) 373 U.S. 83 (Brady).) For the reasons expressed below, Court affirm the judgment.
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A jury convicted defendant Frederick Dion Williams of 17 counts, consisting of two counts of first degree residential robbery (Pen. Code, 211; all further statutory references are to this code unless otherwise specified), three counts of kidnapping to commit robbery ( 209, subd. (b)(1)), one count of first degree burglary ( 459), four counts of making criminal threats ( 422), four counts of assault with a firearm ( 245, subd. (a)(2)), one count of a felon in possession of a firearm ( 12021, subd. (a)(1)), one count of evading an officer (Veh. Code, 2800.2, subd. (a)), and one count of street terrorism ( 186.22, subd. (a)). The jury found true that all but the last count were committed for the benefit of a street gang ( 186.22, subd. (b)(1), that a gang member personally used a handgun in committing the robbery and kidnapping ( 12022.53, subds. (b), (e)(1)), that a person other than an accomplice was present during the burglary and that defendant personally used a gun in committing 10 of the counts. ( 12202.5, subd. (a).) Defendant pleaded guilty to two prior convictions ( 667.5, subd. (b).) He was sentenced to 101 years plus three life terms. Court disagree with each contention and affirm.
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A jury found that defendant Lorenzo Arteaga qualified as a mentally disordered offender (MDO) under Penal Code section 2972[1], and the court ordered him committed for one year to Atascadero State Hospital for involuntary treatment. Defendant appeals from the order. ( 1237, subd. 1 [order of commitment appealable]; People v. Somerset (1984) 159 Cal.App.3d 1124, 1126.) He claims the order is invalid because the trial court lacked jurisdiction to proceed on consolidated petitions for commitment and recommitment. Court agree and reverse the judgment.
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Defendant Arlene Kong pleaded no contest to grand theft (Pen. Code, 484, 487, subd. (a)) and falsely reporting a crime (Pen. Code, 148.5, subd. (a)). The trial court suspended imposition of sentence and placed defendant on probation for three years. On appeal, defendant contends that the trial court erred in imposing a probation condition that she take medication. Court modify the order, and as modified, the order is affirmed.
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Defendant Rodrigo Garcia Rodriguez, aged 20, lived with victim, Jane Doe, aged 14, with the permission of Jane Does parents. Both the defendant and victim were from Mexico and believed their relationship to be legal because they had gotten permission from Does parents. Their relationship came to the attention of authorities after Doe became pregnant and sought pre-natal care. After both Doe and defendant confirmed their relationship, defendant was charged with six counts of committing a lewd act on a child under 14 (Pen. Code, 288, subd. (a)), each with a special allegation that he engaged in substantial sexual conduct with a child under 14 (Pen. Code, 1203.066, subd. (a)(8)), one count of committing lewd acts on a child who was 14 years old (Pen. Code, 288, subd. (c)(1)), and one count of continuous sexual abuse of a child under 14. (Pen. Code, 288.5, subd. (a).)
The judgment is affirmed. |
John M. appeals from an order of the juvenile court terminating his parental rights to A. H. pursuant to Welfare and Institutions Code section 366.26. He contends that the juvenile court did not have a proper basis for terminating his rights and erred in failing to find that the beneficial relationship to termination did not apply. Court affirm.
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Following a jury trial, defendant was convicted of multiple counts and enhancements flowing from a gang-related drive-by shooting, for which he received a total sentence of 37 years to life. He appeals his sentence, asserting that the use of a prior adjudication as a juvenile as a Strike violated his Sixth Amendment right to a jury trial as to a fact used to impose a sentence in excess of the statutory maximum sentence for the substantive crimes, an issue currently pending in the California Supreme Court. (See People v. Nguyen (2007) 152 Cal.App.4th 1205, review granted October 10, 2007, S154847.) Based on existing controlling authority, Court affirm.
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Mother and father appeal from the jurisdictional and dispositional findings of the dependency court for Los Angeles and Riverside Counties. Four children are the subject of the appeal: three daughters, Sab.R., born in June 1992;[1]San.R., born in January 1996; Sam.R., born in September 1998; and one son, C.R., born in December 2003. Both parents make arguments based on choice of venue and substitution of counsel. Father argues additionally there was not substantial evidence for removal of the children from the parents custody because the case was stale by the time of the dispositional hearing. Court reject these claims and affirm the judgment.
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In the State of Florida, B.S. was the subject of several referrals, resulting in an order awarding custody of B.S. to her father, L.S. in 2003. B.S. lived with her father continuously from that point until May 31, 2007, when mother, who had moved to California, requested a visit with B.S., promising to return B.S. to Florida on July 24, 2007. On October 3, 2007, B.S., then 10 years of age, was detained along with her twin one-year-old half-siblings, after mother attempted suicide in front of the children by cutting herself with a razor, and reportedly swallowing a razor blade. Mother was involuntarily hospitalized, and the father of the half-sibling twins was jailed for being intoxicated and unable to care for the children. The emergency response social worker found the home to be filthy, with very little food. Further, the twins were wearing soiled and wet diapers . Finally, law enforcement officers found a glass methamphetamine pipe in the residence. The judgment is affirmed.
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This is the second appeal in this case for defendant Nelson Wynn. Following a jury trial, defendant and three others were convicted of various charges and gang enhancements relating to an attempted home invasion robbery and shootout with a police officer. Defendant was sentenced to 40 years to life. In his first appeal (People v. Toan Quoc Van et al. (Jul. 23, 2007, E037955 [nonpub. opn.])[1]we rejected his various arguments; however, his convictions were conditionally reversed, and the matter was remanded for the trial court to conduct a Pitchess[2]hearing and provide a record that we could review. The trial court conducted the hearing and determined there was no additional discoverable material in the personnel records of the law enforcement officer at issue. Defendant appeals, requesting this court to review the trial courts determination. Having conducted such review, Court affirm.
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Appellant Daniel Tarin Garcia and a minor, M.B., assaulted Carlos. Appellant was charged in count 1 with assault with force likely to produce great bodily injury or with a deadly weapon; a special allegation that the offense was gang related was attached to this count. He was charged in count 2 with active participation in a street gang. Special allegations were attached to both counts alleging that appellant had one prior strike and one prior serious felony conviction resulting from a 2004 conviction for assault with a firearm. (Pen. Code, 245, (a)(2).) Jury trial was bifurcated. The jury found appellant guilty of assault with force likely to produce great bodily injury and it found true the allegation that this crime was gang related. (Pen. Code, 245, subd. (a)(1); 186.22, subd. (b)(1)(B).) The jury was not able to return a verdict on count 2; this count subsequently was dismissed. The court found true the special allegations that appellant had a prior strike and a prior serious felony conviction. (Pen. Code, 1170.12, subd. (c)(1); 667, subd. (a)(1).) Appellant was on probation when he committed the current offense and the court determined that appellant violated the terms of his probation. Appellant was sentenced to an aggregate term of 15 years imprisonment.
Appellant argues the prosecutor committed misconduct during his closing argument, the gang expert was improperly permitted to testify about appellants specific intent and the court erred by admitting evidence of statements appellant made to a jail classification officer in 2004 and 2006. None of these arguments is persuasive and his related ineffective assistance claims are equally unconvincing. Court affirm. |
In the petition for writ of habeas corpus filed on September 30, 2009, petitioner raises issues regarding his failure to timely file a notice of appeal from his 2007 felony convictions in Stanislaus County Superior Court. The convictions followed petitioner's entry of guilty pleas.
On October 8, 2008, the Attorney General was granted leave to file a response to the petition. The response was filed on December 5, 2008. Court will grant the petition in part, and deny it in part. |
After more than two years of reunification services, the juvenile court denied petitioner reunification services at a contested dispositional hearing on a subsequent petition (Welf. & Inst. Code, 342) and set a section 366.26 hearing. Petitioner seeks an extraordinary writ (Cal. Rules of Court, rule 8.452) to vacate the juvenile courts orders. Court deny the petition.
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