CA Unpub Decisions

In her handwritten two-page opening brief, appellant Anna Karin Antonsson, acting in propria persona, challenges the lower courts decision to reward presumed fatherhood status to John Winspeare Kast. Court are compelled by law to affirm the trial courts decision because of appellants failure to designate a record, identify any errors made by the trial court, and cite any law or authority supporting her allegations.

Efrain Rios Sanchez appeals his conviction for second degree commercial burglary. Sanchez argues that evidence of a coperpetrators prior arrest for an unrelated crime was improperly used by the prosecution to prove Sanchezs intent. Court conclude it was error for the prosecution to utilize the evidence, but the error was harmless. So, Court affirm.

The parties to this real property litigation settled their dispute orally on the record before the trial court. Appellants then declined to sign a written agreement memorializing the oral settlement. The trial court rejected appellants objections to the written agreement, granted respondents motion to enforce the settlement, and entered a judgment declaring the written agreement to be binding. Court affirm.

Michael Harrington brought this malpractice action against his former attorney, Russell A. Robinson and the Law Office of Russell A. Robinson (together Robinson), for alleged professional negligence in handling a defamation suit (Harrington v. Hotwire, Inc., S.F. City & County, Super. Ct. No. CGC-02-414635) that had ended in a defense verdict. Harrington appeals a judgment of dismissal entered after the court granted Robinsons motion to strike and sustained his demurrer, without leave to amend, later denying each of two motions that Harrington styled Motion to Set Aside Verdict. Court affirm the judgment.

Defendant Paul Erias Stelly, Sr. appeals from a judgment and sentence of four years eight months to state prison after he pleaded guilty to assault by means of force likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1)),[1]inflicting corporal injury on a spouse ( 273.5, subd. (a)), and attempting to dissuade a witness ( 136.1, subd. (a)(2)). He filed a timely appeal. Defendants counsel filed an opening brief that raises no issues and asks this court for an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. Counsel advised defendant that he may file a supplemental brief. Defendant filed his supplemental brief on March 7, 2008 that raises issues about consecutive sentencing. Court have independently reviewed the record and find there are no issues that require argument or further briefing.

In People v. Lopez (2008) 42 Cal.4th 960, the Supreme Court unanimously reversed a split decision of this court in which we had reversed defendants judgment on the ground of prosecutorial misconduct. The Supreme Court also remanded the matter to us for further proceedings consistent with its opinion. (Id. at p. 973.) On remand, Court affirm the judgment and order that a clerical error in the abstract of judgment be corrected.

Bennett & Lepak, LLP and Michael R. Bennett (collectively Bennett) sued the estate of Leo L. Erickson and two individuals to recover attorneys fees to which Bennett was allegedly entitled under a contingency fee agreement. The estate filed a cross-complaint against Bennett, alleging professional malpractice. Bennett voluntarily dismissed one individual defendant, and the other prevailed on summary judgment. The remaining claims, between Bennett and the estate alone, were tried to a jury, which returned a verdict in favor of Bennett on both the complaint and the cross-complaint. The estate appeals. Court reverse in part and direct the trial court to enter judgment against Bennett on the complaint, but Court affirm the judgment in favor of Bennett on the cross-complaint.

In connection with separate incidents of drive-by shootings, a jury convicted defendant and appellant Kelvin Chessman of one count of murder, five counts of attempted murder, and two counts of possession of a firearm by a felon. On appeal, defendant contends there is insufficient evidence to support his conviction for murder and attempted murder. He also contends that there was prejudicial instructional error. Court disagree with these contentions, and Court therefore affirm the judgment.

Defendant County of Los Angeles appeals from a judgment awarding plaintiff Korean Air Lines Co., Ltd. the refund of certain property taxes and a postjudgment attorneys fees order. Court reverse.

Defendant Willie Hill appeals from a judgment of conviction entered after a jury found him guilty of the sale of heroin (Health & Saf. Code, 11352, subd. (a)). The trial court found true the allegation defendant suffered a prior conviction within the meaning of Health and Safety Code section 11370.2, subdivision (a). It sentenced defendant to seven years in state prison.
On appeal, defendant challenges the trial courts denial of his request for self-representation. Court affirm.

The People charged defendant John Edward Evans with possession for sale of cocaine base (Health & Saf. Code, 11351.5; count 1) and transportation of a controlled substance (id., 11352, subd. (a); count 2). The People further alleged that defendant served 12 prior prison terms (Pen. Code, 667.5, subd. (b)) and previously was convicted of a violation of Health & Safety Code section 11351.5 (id., 11370.2, subd. (a)). Following the denial of his motion to suppress evidence (Pen. Code, 1538.5), defendant pled guilty to count 2. Defendant was found ineligible for Proposition 36 treatment, and, after he was terminated from the Sentenced Offenders Drug Court program, the trial court sentenced him to state prison for the midterm of four years and dismissed the remaining count and sentencing enhancement allegations. Defendant appeals, challenging the denial of his motion to suppress evidence. Court conclude that the evidence defendant sought to suppress was the fruit of an illegal detention. Court therefore reverse.

Jerome A. Stone (Stone) appeals from the judgment entered following his plea of guilty to possession of cocaine (Health & Saf. Code, 11350, subd. (a)) and his admissions that he previously had been convicted of a serious or violent felony within the meaning of the Three Strikes law (Pen. Code, 667, subds. (b)-(i), & 1170.12, subds. (a)-(d)), and had served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b). The trial court sentenced Stone to five years in prison. Court affirm the judgment.

Defendant John Bartholomew was convicted, after a jury trial, of manufacturing methamphetamine (Health & Saf. Code, 11379.6, subd. (a), 11055) and possession of ephedrine with intent to use it to manufacture methamphetamine (former Health & Saf. Code, 11383, subd. (c)(1), Stats. 2003, ch. 619, 1). In a bifurcated trial the court found true enhancement allegations that he had a prior serious felony conviction (Pen. Code, 667) and had offended again within five years of serving a separate prison term on four occasions (Pen. Code, 667.5, subd. (b)). Sentenced to 18 years in state prison, defendant appeals. He contends the trial court erred in: (1) denying his motion to suppress evidence obtained in a search of his residence; (2) declining to grant immunity to a prospective defense witness; and (3) imposing an upper term based on facts that his prior convictions were numerous and continuous not submitted to a jury. Court affirm the judgment.

Defendant Phillip Liggins was charged with various drug crimes resulting from a search incident to arrest from a traffic stop. After a jury trial, defendant was found guilty of possession of a controlled substance, transportation of a controlled substance, and driving a motor vehicle upon a highway after having his license suspended or revoked. At a subsequent bench trial, defendants prior convictions were found true. Defendant was sentenced to 25 years to life in prison. On appeal, defendant contends the trial court erred by denying his Wheeler/Batson motion as to two jurors. Court find no error and affirm.