CA Unpub Decisions

About 9:30 p.m. on January 14, 2006, defendant Richard Edward Scott approached the victim in the victims garage, pointed a cocked pistol in the victims face and demanded the victims car keys and money. Defendant was wearing gloves.
A jury convicted defendant of carjacking (Pen. Code, 215, subd. (a); undesignated section references are to this code), first degree burglary ( 459), first degree robbery ( 211), assault with a firearm ( 245, subd. (a)(2)), and felony evading arrest (Veh. Code, 2800.2, subd. (a)). The jury also found that defendant personally used a firearm ( 12022.5, subd. (a), 12022.53, subd. (b)). The trial court sentenced defendant to state prison for an aggregate term of 15 years and eight months, that is, the midterm of five years for carjacking, a consecutive 10 year enhancement for personal use of a firearm ( 12022.53, subd. (b)), a consecutive one third the midterm or eight months for felony evading, and a stay pursuant to section 654 on the remaining counts and allegations. The judgment is affirmed.

On August 28, 2007, defendant, 16-year-old Lance Lang ordered pizza from Royal Pizza, using his cell phone and providing his number. Defendant requested delivery to 3041 Mills Park Drive, number 38. Upon delivery, defendant held a gun to the pizza delivery drivers head and demanded his money. The driver gave defendant $65 and the pizza. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant. The judgment is affirmed.

A jury convicted Willie Ulysess Grant of first degree murder (Pen. Code, 187) and found true an allegation that he personally and intentionally discharged a firearm proximately causing death ( 12022.53, subd. (d)). The trial court sentenced Grant to 50 years to life in prison: 25 years to life for the murder, plus an additional consecutive term of 25 years to life for the firearm enhancement.

Acting in propria persona, inmate Jimmie Stephen filed a complaint that appears to allege seven causes of action against Sgt. Pittman and several other prison officials regarding events that Stephen claims occurred during his incarceration. Defendants filed

This opinion approves a stipulated disposition, approves a disabled adults compromise (Prob. Code, 3600), and orders the superior court to make the orders necessary to implement the compromise. (See Code Civ. Proc., 128, subd. (a)(8).) Court first evaluate the disabled adults compromise and then consider the stipulated disposition under section 128, subdivision (a)(8).

A jury found defendant is a mentally disordered offender. (Pen. Code, 2970.) The court ordered that defendant be committed to the Department of Mental Healths care for a treatment period of one year. Defendant contends that the trial court abused its discretion by denying his request to be treated on an outpatient basis. ( 2972, subd. (d).) Court dismiss the appeal because defendants contention is moot.

Defendant and appellant Mark Aaron Vogt pled guilty to transportation of a controlled substance (Health & Saf. Code, 11379, subd. (a), count 1), possession for sale of a controlled substance (Health & Saf. Code, 11378, count 2), and receiving stolen property (Pen. Code, 496, subd. (a)[1], count 3), pursuant to a plea agreement. In exchange, he was granted a three-year term of probation, contingent upon his compliance with standard terms, as well as his successful completion of the drug court treatment program. Defendant now appeals after his probation was revoked and he was sentenced to the upper term of four years eight months in state prison. He argues that the trial court improperly denied him a probation violation hearing in violation of his due process rights, and that the imposition of the upper term violated his right to a jury trial under Cunningham v. California (2007) 549 U.S. 270 [127 S.Ct. 856; 166 L.Ed.2d 856] (Cunningham). Court find no error and affirm.

Plaintiff and appellant A-1 Temporary Power Systems, Inc. (A-1) sued defendant and respondent Pulte Homes, Inc. (Pulte) to resolve disputes over power equipment A-1 had leased to Pulte. Although the trial court gave judgment for A-1, it limited the damages awarded to A-1. A-1 appeals. Court affirm.

Shawna Garrett (Mother) appeals from the trial courts order that (1) set Samuel Deanss (Father) monthly child support payment at $447 per month; (2) declared that as of May 17, 2006, Father owed no child support arrears; and (3) declared that for the period from May 2006 through July 2007, Father was in arrears of $4,400. Mother essentially contends (1) the trial court erred by finding that she made an oral contract with Father to reduce his monthly child support payments to $400 and cancel his arrears; and (2) to the extent it can be found she made such a contract, the court erred by enforcing the agreement, because it was not in the best interests of the child. Court reverse the portions of the trial courts order disputed in this appeal.

Plaintiff and appellant Alfonso Valdez was arrested by four California Highway Patrol (CHP) officers after an incident of road rage between him and another motorist. Plaintiff was charged with a public offense based on the incident, and was later acquitted. After his acquittal, plaintiff sued defendant and respondent CHP, and four named CHP officers. Plaintiff appeals after the trial court sustained the demurrer to plaintiffs second amended complaint without leave to amend. Court affirm

An information filed on December 27, 1999, charged defendant and appellant Joel Bautista with one count of burglary under Penal Code section 459. On January 7, 2000, defendant entered a plea of guilty to the charge and was sentenced to two years in state prison.
On February 20, 2008, defendant timely filed a notice of appeal.

A.M., the mother of two year old D.S. (hereafter D.), appeals an order terminating her parental rights and selecting adoption as D.s permanent plan. She contends that the juvenile courts finding that D. is adoptable is not supported by substantial evidence. Court disagree, and Court therefore affirm the order.

Defendant Johnny Fowler entered a guilty plea pursuant to a negotiated agreement on a current case involving possession-for-sale of drugs, and a revocation of his Proposition 36 probation on a prior case. He appeals the stipulated sentence as well as the legality of the proceedings leading to his guilty plea. Court affirm.

On February 19, 2008, defendant was returned from federal court to Riverside County Superior Court for further sentencing proceedings. Defendant requested that the court continue the matter for two weeks so he could have family visit with him. This request was denied. The district attorney announced it would not be seeking a new trial on the Penal Code section 12022053, subdivision (c) enhancement and the previous sentence was ordered vacated. The enhancement was stricken from defendants sentence pursuant to section 1385 and the trial court ordered that the previously imposed sentence of 25 years to life remain in full force and effect. Defendant filed a timely notice of appeal on March 28, 2008.