California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Quiroz CA5
-ooOoo- On June 9, 2025, a jury found defendant Fabian Pablo Quiroz guilty of assault with a semi-automatic firearm (count 1) and assault with a firearm (count 2). He was * Before Detjen, Acting P. J., Snauffer, J. and De Santos, J. sentenced to 27 years to life plus 13 years on …
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P. v. Mejia CA4/3
* * * On remand for resentencing, defendant Jesus Humberto Mejia was sentenced to 14 years to life consecutive to 31 years and four months. On appeal, Mejia argues the trial court erred by failing to dismiss a firearm enhancement and by sentencing him to the middle rather than th…
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P. v. Kambon CA3
A jury found defendant Theon M. Kambon guilty of inflicting corporal injury on his girlfriend T.D. and battery causing serious bodily injury. In a bifurcated trial, the jury found that defendant was previously convicted of a serious felony offense. The trial court sentenced defen…
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P. v. McPherson CA3
Defendant Patrick McPherson appeals from the trial court’s denial of his petition to vacate his murder conviction pursuant to what is now Penal Code section 1172.6.1 The trial court held an evidentiary hearing and denied the petition, finding beyond a reasonable doubt that McPher…
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P. v. Basye CA3
Defendant appeals from his resentencing in the trial court pursuant to Penal Code1 section 1172.75, contending the trial court abused its discretion by denying his motion to strike one of his two prior strike convictions pursuant to People v. Superior Court (Romero) (1996) 13 Cal…
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P. v. McMillan CA4/1
Giovanni Devon McMillan appeals the summary denial of his petition for resentencing under Penal Code section 1172.6.1 The trial court 1 Undesignated statutory references are to the Penal Code. determined he was ineligible for retroactive relief under section 1172.6 because he was…
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P. v. Rodriguez CA1/2
Defendant Anthony Arthur Rodriguez’s court-appointed counsel has filed a brief asking this court for an independent review of the record under People v. Wende (1979) 25 Cal.3d 436. Rodriguez was informed of his right to file a supplemental brief, but he did not do so. We have rev…
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P. v. Munoz CA2/8
When a defendant seeks resentencing under Penal Code section 1172.75 and a court reimposes an upper term sentence, must it apply the heightened factfinding of recently amended Penal Code section 1170? Our Supreme Court is considering this issue. Appellate courts are mostly — but …
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P. v. Adamyan CA2/8
INTRODUCTION Appellant Gagik Adamyan asked for mental health diversion after being charged with shooting at an inhabited dwelling in violation of Penal Code1 section 246. There are two issues before us. First, whether substantial evidence supports the trial court’s finding that A…
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P. v. Washington CA2/8
Vincent Washington appeals from the sentence imposed at his resentencing hearing conducted pursuant to Penal Code1 section 1172.75, claiming the trial court erred by imposing the upper term sentence on one count and by failing to dismiss a firearm enhancement. We affirm the judgm…
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P. v. Freisheim CA3
Defendant Charles Devante Freisheim was convicted of multiple domestic violence offenses against his girlfriend. Defendant now appeals, arguing the trial court erred by denying his motion for mental health diversion under Penal Code1 section 1001.36 by finding there was an unreas…
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P. v. Robinson CA5
The sentence is vacated, and we remand for a full resentencing consistent with this opinion. Based on two separate incidents in May 2020, appellant was charged with two felony counts of making criminal threats against T.C., his former girlfriend (§ 422; counts 1, 3); one felony c…
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P. v. Jordan CA1/3
In 1990, Tyrodric L. Jordan pled guilty to second degree murder and attempted murder, both offenses committed while using a firearm — he was sentenced to 20 years to life in prison. (Former Pen. Code, §§ 187, 664, 12022.5, undesignated statutory references are to the Penal Code.)…
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P. v. Williams CA2/3
A jury convicted Tiana Williams of carjacking, fleeing a pursuing peace officer’s motor vehicle while driving recklessly, and felony vandalism. On appeal, Williams challenges only her felony vandalism conviction, contending that there is insufficient evidence she maliciously dama…
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P. v. Ross CA3
Appointed counsel for defendant Noah Ithamar Ross asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant also filed a supplemental brief asserting various claims. In short, because def…
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P. v. Estrada CA1/1
these pronouns throughout the opinion. car. Defendant, who was drunk, then got out of the car, telling E.R. they were going back to talk to J.N. E.R. told defendant they had “two minutes” because E.R. wanted to go home. J.N. and Z.B. were sitting inside J.N.’s car talking, when J…
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P. v. Blackwell CA1/5
Tracy Robert Blackwell (appellant) appeals following his conviction after a jury trial of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)),1 with a true finding that the offense was a hate crime (§ 422.75, subd. (a)). We remand for resentencing and otherwise affirm.…
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P. v. Alvarez CA2/1
We decide this appeal by memorandum opinion. (See Cal. Stds. Jud. Admin., § 8.1.) Ramiro Juan Alvarez appeals the trial court’s order denying his request to vacate a $10,000 restitution fine imposed in connection with his sentence. We conclude the court properly denied the reques…
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P. v. Rosiles CA2/1
Karina Rosiles threw gasoline on an employee of a store she was trying to rob. She pleaded no contest to second degree robbery (Pen. Code, § 211) and stipulated to a factual basis for the plea. The court accepted the plea, found Rosiles guilty as charged, dismissed a count of ass…
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P. v. Ballester CA4/1
Eleanor Leclair Ballester was charged it one count of kidnapping (Pen. Code, § 207, subd. (a)) and child abduction (Pen. Code, § 278.5, subd. (a)). She was allowed to represent herself at one point pretrial. The court later revoked her self-representation and declined to reinstat…