CA Unpub Decisions

Charles Griggs was convicted by jury of possession of cocaine and misdemeanor possession of a smoking device. The convictions were based on a December 13, 2007 incident during which an undercover police officer observed defendant place cocaine in a coffee mug being held by another man while the two were at the intersection of Seventh and Berendo Streets in Los Angeles. Defendant testified in his own behalf and denied that he had possessed or handled any cocaine. Defendant was granted probation on various terms and conditions, including that he serve time in county jail and complete a live in drug program. The judgment (order granting probation) is affirmed.

A jury convicted defendant Anthony Oscar Gerolaga of causing serious bodily injury while evading a police officer (Veh. Code, 2800.3) and failing to perform a duty at the scene of an injury accident (Veh. Code, 20001, subd. (b)(2)).
The court sentenced defendant to state prison for the upper term of seven years for the evading offense and a consecutive one-third the midterm or one year for the failing to perform a duty offense. Defendant appeals, contending that Penal Code section 654 precluded punishment for both offenses. Court disagree and will affirm the judgment.

A deadly weapon was concealed in a sweatshirt resting on the console between five-time felon Randall Mesker and his passenger, three-striker John Dufault, when the police stopped them for a traffic violation. The investigating officer saw defendant Mesker, the owner and driver of the car, handling the sweatshirt as the officer approached the car. Appealing his conviction for possession of a deadly weapon (Pen. Code, 12020, subd. (a)(1)), Mesker contends the trial court abused its discretion and curtailed his constitutional right to present a defense by disallowing admission of a purported affidavit by Dufault claiming the weapon was his. Court cannot say the trial court abused its discretion by disallowing admission of what it believed was an inherently untrustworthy document. Court also conclude defendant has no constitutional right to present hearsay evidence that does not meet the threshold requirement of trustworthiness. The judgment is affirmed.

A jury found defendant Shawn Tyrone Davis guilty of assault by means of force likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1); undesignated statutory references that follow are to the Penal Code), and dissuading a witness or victim from testifying ( 136.1, subd. (a)(1)). The jury also found that defendant had previously been convicted of first degree burglary, a felony. The trial court sentenced him to an aggregate term of 15 years, which included a five-year enhancement for defendants prior felony pursuant to section 667, subdivision (a). On appeal, defendant contends the imposition of the five year enhancement violated his right to due process of law and his statutory right to notice of the charges against him. Court affirm the judgment.

On August 14, 2006, Sacramento police officers executed a probation search of defendant Michael Lee Langley and found a five inch long knife along with drug paraphernalia. The judgment is affirmed.

This case comes to us on a Wende request. Following the denial of defendant Reagan Juan Thomass motion to suppress evidence, he entered a negotiated settlement whereby he pled no contest to possession of an illegal weapon (a double edged throwing knife). He was sentenced to the middle term of two years, restitution fines of $200 were imposed in accordance with Penal Code section 1202.4 and 1202.45, and he was ordered to pay a court security fee of $20.

This case comes to us on a Wende[1]request. Pursuant to a negotiated settlement, defendant Joseph Martin Nunes pled no contest to possession for sale of methamphetamine and admitted one of three alleged prior controlled substance convictions. He was sentenced to state prison for six years the upper term of three years because of his numerous prior convictions plus three years for the prior drug conviction. Restitution fines of $200 were imposed pursuant to Penal Code sections 1202.4 and 1202.45; also imposed were lab and penalty assessments totaling $180 and a court security fee of $20. The judgment is affirmed.

This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436. In 2003, a jury found defendant Shawn Michael Coxe guilty of second degree robbery (Pen. Code, 211),[1]battery with serious bodily injury ( 243, subd. (d)) and misdemeanor assault ( 240), and the trial court found an allegation that he had a prior conviction for robbery ( 211) true. Defendant was sentenced to an aggregate term of 15 years in state prison, which included an upper term for the robbery charge. In support of the upper term, the court cited the fact that the crime involved great violence and acts disclosing a high degree of cruelty, viciousness, and callousness; and, in addition, . . . , the [d]efendant occupied a position of leadership . . . .
The judgment is affirmed.

J. S. (father) and M. L. (mother) (collectively, appellants), the parents of M. S. (the minor), appeal from the juvenile courts order terminating their parental rights. (Welf. & Inst. Code, 366.26, 395.) Appellants contend the juvenile court erred by failing to find an exception to adoption based on a beneficial parental relationship with the minor. Disagreeing with this contention, Court shall affirm.

S.B. (appellant), the mother of H.H. (the minor), appeals from an order of the juvenile court terminating appellants parental rights. (Welf. & Inst. Code, 366.26, 395; further undesignated statutory references are to the Welfare and Institutions Code.) Appellant makes three contentions of alleged prejudicial error in the proceedings, including a claim that the juvenile courts denial of her petition for modification ( 388) was an abuse of its discretion. Disagreeing with each of those claims, Court affirm.

Nadia Haddada appeals from two separate orders: (1) the trial court's order confirming an arbitration award in her action against Coldwell Banker Residential Brokerage Company (Coldwell Banker), and (2) an order compelling arbitration of her claims against defendants NRT, Inc., NRT California, Jill Morrow, and Vicki Hewlett initiated by litigation during the pendency of her arbitration. Court affirm.

The trustee of two irrevocable trusts purchased real property belonging to the trusts. The trustee partially financed the purchase by taking a credit against his own beneficial interest in the trusts. The trustee partially repaid a promissory note to the trusts in the same manner. The trial court found the trustee's actions violated the trustee's duties of impartiality, of loyalty, and to avoid conflicts of interest. Consequently, the trial court imposed surcharges on the trustee and required him to bear all of his own attorney fees for the underlying litigation. The trustee appeals, principally arguing the trial court's judgment should be reversed because his actions were authorized by one of the trusts. Court affirm the judgment.

Stacey Lamont McClellan (defendant) challenges the sufficiency of the evidence supporting his conviction for grand theft. Court affirm.

Defendant and appellant Maria Elaine Aversa appeals following revocation and termination of her probation. She contends the trial court erred when it relied on her poor performance on probation to justify imposing an aggravated term of three years for her offense of possession of methamphetamine. (Health & Saf. Code, 11377, subd. (a).) Defendant also argues the trial court violated her constitutional right to a jury trial under Cunningham v. California (2007) 549 U.S. 270 [127 S.Ct. 856, 166 L.Ed.2d 856] (Cunningham) because it imposed the upper term based on facts that were not found true by a jury. In addition, defendant contends the trial court erred by not awarding her conduct credits under Penal Code section 4019.