CA Unpub Decisions

In this action, Torab Ahmadi (Mike) filed a first amended cross-complaint (FACC) seeking to quiet title to an undivided one-half interest in a five-acre Sun City property against Paul Alford (Alford) and his parents, Lore and Mildred Alford. Mike obtained a default judgment against Alford and moved for summary judgment against Lore and Mildred Alford. The trial court granted the motion. Earlier, the trial court overruled both Alfords and his parents general demurrers to the FACC.

Defendant was convicted of battery upon a peace officer causing injury (Pen. Code, 243, subd. (c)(2)), and resisting an executive officer (Pen. Code, 69) following a jury trial, and was sentenced to an aggregate term of five years in state prison. He appeals, challenging the sufficiency of the evidence to support the jurys findings that (1) the officers were in the lawful performance of [their] duties as to both counts of conviction, and (2) the injury alleged in the battery count required professional medical treatment. Court affirm.

A jury found defendant and appellant Daniel Anthony Henson, Sr., guilty of vandalism causing more than $400 in damage under Penal Code section 594, subdivision (b)(1).[1] Thereafter, defendant admitted the truth of allegations that he had previously suffered two prison priors under section 667.5, subdivision (b). The trial court sentenced defendant to serve the middle term of two years in prison for the vandalism conviction, plus two consecutive one-year terms for each of the prison priors, for a total prison term of four years.
On appeal, defendant contends that (1) the evidence was insufficient to support the trial courts true finding that defendant suffered prison priors or, in the alternative, (2) defendants admission of the prison priors was not voluntary or intelligent. For the reasons set forth below, Court affirm the judgment.

In 1985, the defendant was convicted of two sex offenses. In 2007, a jury found him guilty of failing to register as a sex offender (Pen. Code, 290, subd. (g)(2)[1]), and the court made true findings on allegations he had previously served a prison term (prison prior) (Pen. Code, 667.5, subd. (b)), and that he had been previously convicted of two serious or violent felonies (Strikes). (Pen. Code, 667, subd. (e)(ii).) The trial court granted a defense motion to strike one of the Strikes and sentenced defendant to seven years in state prison, consisting of the upper term of three years for the failure to register, doubled for the remaining Strike, plus a one-year enhancement for the prison prior. The People appeal, arguing the trial court abused its discretion in granting the motion to strike one of the prior serious felony convictions pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). (Pen. Code, 1238, subd. (a)(10).)

On June 16, 2006, a jury found defendant and appellant Robert Dale Morgan guilty of forcible lewd act upon a child under the age of 14 (Pen. Code, 288, subd. (b)(1) (count 1));[1]lewd act upon a child under the age of 14 ( 288, subd. (a) (count 2)); resisting an executive officer ( 69 (count 3)); and resisting arrest ( 148, subd. (a)(1) (count 4)). On appeal, defendant contends that (1) there is insufficient evidence to support a finding of forcible lewd act upon a child under section 288, subdivision (b)(1) (count 1); and (2) his conviction for resisting arrest under section 148 (count 4) should be stricken because it is a lesser included offense of resisting an executive officer under section 69 (count 3). For the reasons set forth below, we shall strike defendants conviction for resisting arrest under section 148 (count 4). In all other respects, the judgment is affirmed.

On February 27, 2007, defendant stole Christopher Rampones Lincoln Navigator from his home in Manhattan Beach, California. Several days later, defendant was seen with the Lincoln Navigator in a new housing development in Menifee, California. Defendant was also later found to be taking a bath in a new home that had been sold but was still unoccupied. Officers later arrived and were informed there had been a trespass. The officers discovered that the Lincoln Navigator had been stolen. Defendant was apprehended and arrested.
The judgment is affirmed.

In People v. Tafolla (E040098)[1]we stated, A jury found defendant guilty of being a felon in possession of a gun, found true a gang enhancement allegation of possessing the gun for the benefit of a criminal street gang, and found him guilty of being a felon being in possession of ammunition (Pen. Code, 12021, subd. (a)(1); 186.22, subd. (b); 12316, subd. (b)(1). (Tafolla, p. 2.) In bifurcated proceedings, defendant admitted having suffered two prior convictions for which he served prison terms (Pen. Code, 667.5, subd. (b)),[2]a serious felony prior conviction ( 667, subd. (a)) and a strike prior ( 667, subds. (b)-(i)). Defendant appealed and we affirmed the convictions, true findings, and the sentences for everything but the possession of a firearm by an ex-felon. (Tafolla, pp. 14-15, 20.) As to that, we remanded for resentencing. (Ibid.) At resentencing, defendant was sentenced to midterm of two years, doubled pursuant to the second strike provisions of the Three Strikes Law, leaving a new total sentence of 15 years.
After concluding our independent review of the record, Court affirm the judgment.

Defendant pled guilty to two counts of second degree robbery (Pen. Code, 211)[1]during one of which he used a firearm ( 21022.53, subd. (b)). As part of his plea bargain, he waived his right to appeal. He was sentenced to the agreed-to term of 16 years in prison. His request for a certificate of probable cause was denied by the trial court. He appealed, and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396; 18 L.Ed. 2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record. After concluding our independent review of the record, Court affirm the judgment.

D.A., the minor, appeals from a juvenile court disposition declaring him to be a ward of the court and placing him on probation, following two admitted petitions and one adjudicated petition, relating to offenses that would have been crimes if committed by an adult.

On May 14, 2007, appellant John Anthony Soto pled no contest to infliction of corporal injury on a spouse or cohabitant (Pen. Code, 273.5, subd. (a)). The court placed appellant on three years probation and ordered, inter alia, that appellant pay a restitution fine of $200 pursuant to section 1202.4.

Appellant was convicted of receiving stolen property, as well as possessing methamphetamine and drug paraphernalia, and received a two-year prison sentence. He challenges the receiving count on the basis the court failed to instruct the jury it had to unanimously agree as to which item of stolen property he received. He also contends the possession counts must be reversed due to insufficient evidence and instructional error. Finding no basis to disturb the judgment, Court affirm.

Jose de Jesus Martell was convicted of assault with force likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1))[1], and of being an active member of a criminal street gang ( 186.22, subd. (a).) The jury also concluded the assault was committed for the benefit of and in association with the Monos street gang, and with the specific intent to promote, further, and assist in criminal conduct by members of that gang ( 186.22, subd. (b)(1).) On the basis of that verdict, plus Martells guilty plea to reduced charges in a related case, the court sentenced him to an aggregate term of four years for both cases.

The City of Santa Clara and the City of Santa Clara Civil Service Commission Board of Review (hereafter jointly the City) appeal from a judgment granting respondent David Rodriguezs petition for writ of administrative mandamus in part. The City had terminated Rodriguezs employment as a police officer based on his alleged use of excessive force during the arrest of a citizen and his failure to report his use of force. The Civil Service Commission Board of Review (Board) upheld the termination. The court concluded that some of the Boards findings were not supported by the weight of the evidence and remanded the matter to the Board to reconsider its penalty determination in light of the courts findings. Court find no error and affirm the decision of the trial court.

Defendant Dale Thomas Anderson was convicted following a jury trial of one count of committing a lewd or lascivious act on a child of 14 or 15 years by a person at least 10 years older than that child (Pen. Code, 288, subd. (c)(1), hereafter 288(c)(1)), and one count of misdemeanor battery ( 242/243, subd. (a)). The sex and battery crimes involved the babysitter of defendants minor children. The court suspended imposition of sentence and placed defendant on probation with the condition that he serve six months in county jail. The court also ordered defendant to register as a sex offender pursuant to section 290. The judgment is affirmed.