CA Unpub Decisions
California Unpublished Decisions
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Juan Francisco Roman appeals his conviction by jury of felony evading an officer (count 1; Veh Code, 2800.2, subd. (a)), resisting an executive officer (count 2; Pen. Code, 69)[1], giving false information to a police officer (count 3; 148.9, subd. (a)), and battery (count 4; 242). In a bifurcated proceeding, the trial court found that appellant had suffered a prior strike conviction under the Three Strikes law ( 667, subd. (d)(1)(e)(1); 1170.12, subds. (b)(1)(c)(1)), and had served two prior prison terms within the meaning of section 667.5, subdivision (b). Appellant was sentenced to eight years state prison. Court affirm.
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The parties were involved together in a night club venture. Their association ended when the plaintiffs sold their interests to the defendants. Plaintiffs, Nicholas Colachis (Nick),[1]James Colachis (Jim), and Colachis Consulting, appeal from a judgment confirming an arbitration award in favor of defendants, Kenneth Griswold (Kenneth), Tod Griswold (Tod), Mimi Kim Griswold (Mimi), Camino Palmero West, LLC, Hunter Global Ventures, LLC, and V3 Club Company, LLC (the club company). Plaintiffs contend it was error to compel them to arbitrate their claims. If not, plaintiffs assert the trial court erred in failing to correct the arbitration award to delete the attorney fee finding. Court affirm the judgment.
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On October 19, 2006, the Los Angeles District Attorney filed an information charging appellant with second degree robbery (211.) The information alleged that the crime committed was a violent and a serious felony. (667.5, subd. (c); 1192.7, subd. (c).) On March 13, 2008, appellant filed a timely Notice of Appeal. On the same date the court granted appellants request for a certificate of probable cause.
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Yair Romo Hernandez appeals a judgment of conviction entered after he expressly waived his constitutional rights and pleaded guilty to insurance fraud, with admissions that he suffered a prior serious felony conviction, and served a prior prison term. (Pen. Code, 550, subd. (a)(4), 667, subd. (b)-(i), 1170.12, subds. (a)-(d), 667.5, subd. (b).) The trial court struck the serious felony conviction, and sentenced Hernandez to a three year sentence a low-term sentence of two years, enhanced by one year for the service of a prior prison term. The trial court also imposed a $600 restitution fine and a $600 parole revocation restitution fine. It ordered Hernandez to pay restitution to the victim. The court also awarded him 74 days of presentence custody and conduct credits.
The judgment is affirmed. |
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Plaintiff, Knarik Avedikian Gabriyelyan, appeals from an August 12, 2008 judgment of dismissal after a demurrer was sustained without leave to amend. The judgment is in favor of defendant, the Department of Motor Vehicles. Court find plaintiff failed to comply with the Government Claims Act. (Gov. Code, 810 et seq.) (All further statutory references are to the Government Code except where otherwise noted.) Accordingly, Court affirm the judgment.
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This case involves a contract for the purchase and sale of four acres of real property. The contract allowed the purchaser of the property and drafter of the contract, plaintiff Sixells, LLC, to complete the purchase if, at its election, the four acres were made into a legal parcel by recording a final map or if Sixells waived the recording of a final map. Sixells and the seller, defendant Cannery Business Park (the Cannery), signed the contract. Before the property was sold to Sixells, the Cannery terminated the contract. The Cannery eventually sold the property to a group of investors comprised of defendants Angelo K. Tsakopoulos, C Street Investor, LLC and C Street Investor II, LLC (collectively the C Street Investors). Sixells sued the Cannery, Tsakopoulos, and the C Street Investors. They demurred to the complaint on the ground that the contract was void. The court agreed and sustained the demurrers without leave to amend. Sixells appeals.
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Pursuant to a negotiated settlement, defendant Brendan Reidy Taylor pled no contest to evading a police officer by means of a high-speed chase, a felony, and to driving with a blood-alcohol level of .08 percent or greater with a prior conviction for driving under the influence, a misdemeanor. For the felony offense, he was sentenced to state prison for 16 months and ordered to pay restitution fines of $200 in accordance with Penal Code sections 1202.4 and 1202.45. For the misdemeanor, he was placed on five years probation.
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A jury convicted Aaron B. Grey of attempted murder and discharging a firearm from a vehicle, and found he personally discharged a firearm, causing great bodily injury. (Pen. Code, 664/187, subd. (a); 12034, subd. (c), 12022.53, subd. (d).) The jury found the crimes were not gang related. (Id., 186.22, subd. (b)(1).) The trial court sentenced defendant to prison for the midterm of seven years for attempted murder, plus 25-years-to-life for the firearm enhancement, and imposed but stayed a midterm sentence of five years plus the enhancement on the other count. (Id., 654.) On appeal, defendant contends the trial court should have granted his motion to bifurcate the gang allegation, should have granted his new trial motion based on the alleged improper introduction of gang evidence, and should not have permitted a gang expert to testify as to his mental state. Court find these claims lack merit, and Court affirm the judgment.
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Irvin K. Dey appeals a judgment of dismissal entered after the court sustained without leave to amend the demurrer of Continental Central Credit (Continental) and Vacation Resorts International, Inc. (Vacation Resorts), on Dey's proposed class action complaint for violation of California's Unfair Competition Law (UCL). (Bus. & Prof. Code, 17200.) Dey contends he stated a cause of action based on a fee defendants charged him to collect a debt he owed a homeowners association because it was not reasonably related to the actual costs of collection. Court affirm the judgment.
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A jury convicted Seima Nneeleng Moloi, Jr. of first degree murder (Pen. Code, 187, subd. (a), 189),[1] and found true special circumstances allegations he committed murder while engaged in the commission of robbery and burglary. The court sentenced Moloi to serve an indeterminate life term without possibility of parole, imposed a $20 court security fee ( 1465.8), a $10,000 restitution fine ( 1202.4, subd. (b)(1)), and a conditional parole revocation fine of $10,000 ( 1202.45). Pursuant to section 1202.4, subdivision (f), the court also ordered Moloi to pay $2,565.37 to the California Victims of Crime Compensation Fund and $596.40 to the Orange County Victim/Witness Emergency Fund.
On appeal, Moloi argues the trial court erroneously excluded critical background information about his key witnesses, and improperly instructed the jury on flight demonstrating a consciousness of guilt and that a defendants willfully false or deliberately misleading statements could be used as circumstantial evidence of guilt, and erroneously failed to instruct the jury that a separate robbery charge had been dismissed during trial. He also contends the courts imposition of a $20 court security fee violates the ex post facto clause, and argues the courts order that he pay $596.40 to the Victim/Witness Emergency Fund was made without legal authority. Molois contentions are meritless. Therefore, the judgment is affirmed. |
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Terryance Acey Smith appeals from a judgment after a jury convicted him of numerous offenses arising out of a series of robberies in the summer of 2005. Smith argues he received an unlawful sentence because the use of his prior nonjury juvenile adjudications as strikes under the Three Strikes law violated his federal constitutional rights. He also contends the abstract of judgment should be corrected to reflect he was convicted by a jury and not the trial court. With the exception of his abstract of judgment argument, none of Smiths contentions have merit, and Court affirm the judgment as modified.
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Lynn Leroy Lockhart appeals from a judgment after a jury convicted him of a plethora of offenses arising out of a series of robberies in the summer of 2005. Lockhart argues insufficient evidence supports his conviction on three of the counts, and there was prejudicial error when the trial court informed the jury it would have to wait one week to hear a readback of testimony because the court reporter was on vacation. Although we agree the trial judge should have arranged for a substitute court reporter to provide any requested readback of testimony, Court conclude Lockhart was not prejudiced.None of his other contentions have merit, and court affirm the judgment.
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In connection with the stabbing of James Ingram, a jury found Yvette Hollie guilty of assault with a deadly weapon (Pen. Code, 245, subd. (a)(1)),[1] and found true an allegation that she had personally inflicted great bodily injury (GBI) on Ingram under circumstances involving domestic violence ( 12022.7, subd. (e)). The jury acquitted Hollie of attempting to murder Ingram. ( 664, 187, subd. (a).) Hollie now appeals from the judgment sentencing her to nine years in prison.
She makes three arguments on appeal: (1) the trial court erred when it refused to instruct on self-defense; (2) imposition of the upper term for the GBI enhancement violated dual use proscriptions as well as Cunningham v. California (2007) 549 U.S. 270 (Cunningham); and (3) to the extent that Hollies trial counsel failed to object to the imposition of the upper term based on dual use or Cunningham, her counsel provided ineffective assistance in violation of her federal constitutional rights. We conclude that the trial court did not err when it refused to instruct on self-defense because there was no substantial evidence to support self-defense instructions. Court also conclude that defense counsel provided ineffective assistance by failing to object to the imposition of the upper term on the GBI enhancement. Court thus reverse the judgment and remand the matter to the trial court for the limited purpose of resentencing. |
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