CA Unpub Decisions

In this marital dissolution proceeding, Zephran Hamlin appeals the family court's order regarding the characterization of the family home as community property, as well as an attorney's fee award in favor of his former wife, Katrina Lyons. Finding no error, Court affirm the order.

Plaintiff Robert Feldman appeals from a judgment in which he alleges jury misconduct and from two post-judgment orders awarding costs to Defendant Fanny Campbell under Code of Civil Procedure section 998. Court affirm.

Rene Gerard Harris appeals from a judgment of conviction following a no contest plea. On August 25, 2006, appellant was charged with second degree robbery [count one] and conspiracy to commit robbery [count three]. (Pen. Code 211, 182, subd. (a)(1).)[1] As to count one, it was further alleged that during the commission of the offense a principal was armed with a shotgun. ( 12022, subd. (a)(1).) It was further alleged that appellant personally used a firearm, to wit a shotgun ( 12022.5, 1192.7, subd. (c), 667.5, subd. (c), 12022.53, subd. (b).)
On August 23, 2006, around 12:00 noon, Andre Harris, appellants codefendant, suggested to appellant and to S. Isiah that they hit the check cashing place, Advance America Check Cashing. Appellant and Isiah initially refused but were persuaded. A discussion then ensued as to how to proceed and whether to use a weapon.
Court have examined the entire record and are satisfied that defendants appellate attorneys have fully complied with their responsibilities and that no arguable issues favorable to him exist. (Smith v. Robbins (2000) 528 U.S. 259, 279-280; People v. Wende, supra, 25 Cal.3d at pp. 441, 443.) The judgment is affirmed.

Joseph Urquieta appeals from a judgment of conviction following a revocation of probation. On February 11, 2004, appellant was charged with one count of possession of marijuana for sale (Health & Saf. Code 11359, Count 1). On February 17, 2004, appellant entered a guilty plea to Count 1. Pursuant to a plea bargain, appellant was placed on three years of formal probation, with credit for eight days of time served and with various conditions of probation, including 30 days of service with the California Department of Transportation (CalTrans.) The court imposed a restitution fine in the amount of $200 (Pen. Code, 1202.4, subd. (b)); a $50 laboratory analysis fee (Health & Saf Code, 11372.5, subd. (a)); a $100 drug program fee (Health & Saf Code, 11372.7); and a $20 court security fee (Pen. Code, 1465.8, subd. (a) (1)) and ordered appellant to pay other assessments and surcharges as determined by appellants probation officer. (Pen. Code, 1464; Govt. Code 76000.) Appellant was ordered to register as a narcotics offender. (Health & Saf. Code 11590.)
Court have examined the entire record and are satisfied that defendants appellate attorneys have fully complied with their responsibilities and that no arguable issues favorable to him exist. (Smith v. Robbins (2000) 528 U.S. 259, 279-280; People v. Wende , supra, 25 Cal.3d at pp. 441, 443.) The judgment is affirmed.

Rodney Demetrius Jennings appeals from a judgment entered after he was convicted by a jury of misdemeanor assault on a police officer, resisting an executive officer, and possession of a controlled substance.

While on routine patrol on October 12, 2006, Los Angeles County Sheriffs Deputy R. Dean and his partner drove by a parked minivan. Jennings was in the drivers seat with the window open. Dean smelled the odor of marijuana emanating from the hand-rolled cigarette Jennings was smoking. Dean stopped the patrol car next to the minivan. When Dean approached the drivers side of the minivan, he saw Jennings reach his right hand towards the area below the dashboard. Dean ordered Jennings to toss out the cigarette and to alight from the minivan. Jennings complied, and Dean retrieved the cigarette and determined that it contained marijuana. Court have examined the entire record and are satisfied Jenningss attorney has fully complied with the responsibilities of counsel and no arguable issues exist.

Defendant John Dean Gretzinger appeals from the judgment of conviction following his guilty plea. He was charged with two counts of failure to register (Pen. Code, 290, subd. (a)(1)(A)) and one strike enhancement (Pen. Code, 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). At the time, he was on probation for a prior conviction of failure to register. Pursuant to a plea bargain, defendant pled guilty to one count of failure to register and waived his right to seven months of presentence credit. In exchange, he was sentenced to the three year upper term, and the second failure to register count and the strike allegation were dismissed. In addition, the court found him in violation of probation, and sentenced him to a concurrent term of two years.
The judgment is affirmed.

Petitioner T.S. seeks extraordinary writ review (Welf. & Inst. Code, 366.26, subd.(l); California Rules of Court, rule 8.452) of the juvenile courts order setting a hearing pursuant to section 366.26 to consider selection and implementation of a permanent plan for her four dependent children. We deny the petition, finding no merit in T.S.s contention the Department of Children and Family Services (Department) did not provide her with reasonable reunification services.

Petitioner Chase M. seeks extraordinary writ relief (Welf. and Inst. Code, 366.26, subd. (l);[1] Cal. Rules of Court, rule 8.452) from the juvenile courts order, made at the conclusion of the statutory limit for reunification ( 366.22), setting a hearing pursuant to section 366.26 to consider selection and implementation of a permanent plan for his 32-month-old daughter Alexis M. We deny the petition, finding no merit in Chase M.s contentions the court erred in determining Alexis would be at risk if returned to Chase M.s custody, and should have ordered extension of reunification beyond the statutory limit.

Appellant, Omar F. Ortiz, appeals from judgment entered following his guilty plea to second degree robbery (count III, Pen. Code 211) and admission that he personally used a firearm in the commission of that offense ( 12022.53(b).)
In an information filed on December 26, 2006, appellant was initially charged with carjacking (count I, 215, subd. (a)), evading an officer, willful disregard (count II, 2800.2, subd. (a).) As to count I, it was further alleged that appellant personally used a firearm, a handgun. ( 12022.53, subd. (b), 1203.06, subd. (a)(1) As to count II, it was further alleged that a principal was armed in the commission of that offense. (12022, subd. (a)(1).) The judgment is affirmed.

Defendant appeals from a 15-year state prison sentence alleging the court erroneously denied his Wheeler/Batson motion for mistrial based on group bias. (People v. Wheeler (1978) 22 Cal.3d 258 (Wheeler); Batson v. Kentucky (1986) 476 U.S. 79 [90 L.Ed.2d 69] (Batson).) Court disagree that the court erroneously denied his Wheeler/Batson motion and affirm the judgment.

A jury convicted defendant, Jerry Richard Tobar, of three counts of second degree robbery (Pen. Code, 211)[1]and two counts of second degree attempted robbery ( 664; 211), with an enhancement for each count for personal use of a firearm. ( 12022.53, subd. (b).) The trial court sentenced defendant to state prison for 13 years.
On appeal, defendant contends: (1) the trial court violated his right to counsel of choice when it denied his motion to continue so he could substitute retained counsel; (2) there was insufficient evidence of the crimes charged; and (3) the trial court erred by not instructing the jury on lesser included offenses. Court affirm.

A jury convicted defendant Manuel Djone Lopes of six counts of lewd and lascivious conduct with a child under 14 years of age (Pen. Code, 288, subd. (a));[1]two counts of assault with the intent to commit rape by force or fear ( 220/261, subd. (a)(2)); and one count each of rape ( 261, subd. (a)(2)); unlawful oral copulation ( 288a, subd. (c)(2)); and forcible sexual penetration ( 289, subd. (a)(1)). The trial court sentenced defendant to a state prison term of 36 years 8 months. Court conclude that the trial court committed no prejudicial error and Court affirm the judgment.

that defendant (1) was previously convicted of voluntary manslaughter, (2) served a prior prison term for that conviction, and (3) served two prior prison terms for separate counts of forgery. The trial court sentenced defendant to the middle term of two years for possession of cocaine base, doubled pursuant to the Three Strikes law, plus one year each for two of the three prior prison terms, for a total of six years. The court stayed a one year term for the final prior prison term pending successful completion of defendants sentence. Court affirm.

After his motion to suppress evidence was denied, a jury found defendant Robert Lee Roark guilty of possession of methamphetamine (Health & Saf. Code, 11377, subd. (a)), being under the influence of methamphetamine (Health & Saf. Code, 11550, subd. (a)) and possession of paraphernalia (Health & Saf. Code, 11364, subd. (a)). Sentenced to state prison, defendant appeals. He contends the trial court erred in denying his motion to suppress evidence, as there was not probable cause for officers to search his camper. He also contends the trial court erred in staying sentence on a prior prison term allegation, since that allegation was dismissed by the People. Court modify the judgment, order the record corrected to reflect the dismissal of the prior prison term allegation, order a correction to the abstract of judgment, and otherwise affirm.