CA Unpub Decisions
California Unpublished Decisions
Anthony Wayne Myers appeals from the judgment issued after jury trial finding him guilty of 28 counts of sexual offenses and sentencing him to 46 years and 4 months to life, arguing trial court error, insufficient evidence for certain convictions, and sentencing mistakes. Court affirm in part, reverse in part, vacate certain sentences, and remand for further proceedings consistent with this opinion.
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Coastal Auto Mart, Inc. (Coastal), and Carl Schneider and Ed OMeara through Coastal (Coastal, Schneider, and OMeara are hereafter collectively called cross-defendants), owned automobile dealerships in Eureka; Charles Tuttle (Tuttle) was for a time the dealerships general manager. Coastal sued Tuttle for embezzlement, and also sued Tuttle and Dr. Wendell Row, a Coastal customer, for extortion; Tuttle cross-complained against cross-defendants for intentional infliction of emotional distress. Judgment was entered for Tuttle on special jury verdicts rejecting cross-defendants claims and awarding Tuttle $300,000 on his cross-complaint. Cross-defendants challenge the judgment on multiple grounds, including evidentiary error, improper jury argument, use of a defective special verdict form, and the award of excessive damages. As Court explain below, the arguments are lacking and Court affirm the judgment.
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In a wage and hour case, plaintiff Israel Castaneda prevailed at trial. Plaintiff sought $29,605 in attorneys fees. The trial court awarded the amount of $16,964. On appeal, plaintiff contends that the amount of attorneys fees awarded was arbitrary and must be reversed. Court disagree and affirm the judgment.
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A jury convicted Shawn Christopher Eisman of petty theft and he was sentenced to prison under Penal Code section 666 (petty theft with a prior conviction). On appeal, Eismans counsel filed a brief requesting this courts independent review of the record under People v. Wende(1979) 25 Cal.3d 436. Our review of the record shows no arguable issues, and Court affirm the judgment.
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A jury found defendant Johnathan Oneal Bennett guilty of misdemeanor resisting arrest (Pen. Code, 148, subd. (a)(1)) and petty theft with a prior burglary conviction (id., 484, subd. (a), 666), a felony. On the felony count, the trial court sentenced defendant to state prison for the upper term of three years based upon his prior criminal history; on the misdemeanor count, the court ordered defendant to serve 180 days in county jail and gave him credit for time served. On appeal, defendant challenges the constitutionality of his upper term sentence under Blakely v. Washington (2004) 542 U.S. 296. Court affirm.
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Emma Leigh Gutierrez appeals orders revoking her probation in case nos. 1208499 and 1210180, and imposing four years and eight months imprisonment. On January 12, 2006, Gutierrez waived her constitutional rights and pleaded nolo contendere to possession of cocaine and narcotics paraphernalia. (Health & Saf. Code, 11350, subd. (a), 11364.) The trial court deferred entry of judgment. (Case No. 1208499.)
The judgment is affirmed. |
This case involves the application of section 128.7 of the Code of Civil Procedure,[1]a section allowing sanctions for filing frivolous actions. The trial court imposed monetary sanctions against plaintiff Hi-Voltage Wire Works, Inc. (Hi-Voltage) and its lawyer for naming defendant Ed Herman in its causes of action for interference with contractual relations and prospective economic advantage and dismissed Herman from the complaint because the allegations against him lacked evidentiary support. Court conclude the trial court abused its discretion by ignoring reasonable inferences that could be drawn from the evidence suggesting that the inclusion of Herman was short of frivolous. Court reverse.
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Erby Barrera appeals his conviction for second degree robbery. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. Appellant was notified that he could file his own brief and has not done so. The judgment is affirmed.
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Defendant Bryan E. Mallonee appeals his conviction after a jury found him guilty of one felony count of unlawful taking of a vehicle, one misdemeanor count of possession of burglary tools, and one misdemeanor count of resisting a peace officer. The court sentenced him to an aggregate prison term of 10 years. The court also ordered him to pay $2,100 in restitution fines.
On appeal, defendant contends: (1) there was no substantial evidence of possession of burglary tools; (2) the trial court erred in sentencing him to a concurrent term for possession of burglary tools; (3) the trial court erred in imposing separate restitution fines on the felony and misdemeanor convictions; and (4) the trial court erred in imposing probation and drug testing costs. Court find no merit in the first three arguments, but will modify the sentence to remove the probation and drug testing costs. |
Defendant Edgar Mac Collins filed a Pitchess motion (Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess)) before trial and the trial court held an in camera hearing to determine whether there had been past allegations that Deputy William Olive, one of the officers involved in defendants arrest, planted evidence on those he arrested. After reviewing the files provided by the custodian of records, the court concluded there was nothing subject to disclosure. On appeal, defendant asks us to conduct an independent review of the sealed records regarding his Pitchess motion. (See Evid. Code, 1043.) Court have done so and affirm the judgment.
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