California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
-
P. v. Rodriguez CA5
-ooOoo- INTRODUCTION Edmundo Anthony Rodriguez appeals a trial court order denying his resentencing petition under Penal Code section 1172.6 after an evidentiary hearing. He contends the trial court erred by (1) refusing to consider his misidentification theory and new evidence a…
-
P. v. Caldwell CA2/4
Defendant Isiah Caldwell appeals after a jury found him guilty of conspiracy to commit assault with a firearm (Pen. Code, § 182, subd. (a)(1))1 and found true allegations that he personally used a firearm in the commission of the offense (§ 12022.5, subd. (a)) and had a prior fel…
-
P. v. Lopez CA2/1
On September 26, 2022, Johan Contreras Bautista and a juvenile we identify as E.J. challenged defendant Anthony Gutierrez Lopez and his younger brother Ricardo to fight.1 Almost immediately after the fight began, Gutierrez Lopez removed a gun from his waistband and shot and kille…
-
P. v. Lyons CA2/7
Thomas Kevin Lyons appeals from a judgment after he pleaded no contest to possession of a firearm by a felon and the court sentenced him to the upper term of three years. Lyons’s court-appointed appellate counsel filed a brief finding no arguable issues and asking this court to c…
-
P. v. Carmarena CA2/5
Following a jury trial, defendant and appellant Gamaliel Carmarena1 was found guilty of attempted murder (Pen. Code, §§ 664, 187; count 1),2 assault with a deadly weapon (§ 245, subd. (a)(1); count 2), battery causing serious bodily injury (§ 245, subd. (d); count 3), and resisti…
-
P. v. Howard CA2/2
Defendant and appellant Dominick Elijah Howard (defendant) contends the trial court erred “in denying [his] request for a jury trial in the event the court would … reimpose an upper base term sentence” during resentencing proceedings pursuant to Penal Code1 sections 1172.1 and 11…
-
P. v. Muasau CA1/4
Super. Ct. No. FSB19003995) Uluao F. Muasau was sitting in his SUV when he got in a verbal altercation with a man outside of the vehicle. Muasau got out of the SUV and fired 15 shots at the victim, killing him. A jury found Muasau guilty of first degree murder. Muasau contends th…
-
P. v. Williams CA3
Defendant Jocquette Miguel Williams was charged with corporally injuring his girlfriend and assaulting her with a deadly weapon. (Pen. Code, §§ 273.5, subd. (a); 245, subd. (a)(1).) The People also alleged two aggravating circumstances as to both offenses: (1) using a weapon (the…
-
P. v. Kindrick CA3
Defendant William Kindrick requested mental health diversion pursuant to Penal Code section 1001.36.1 The trial court denied the request, finding defendant posed an unreasonable risk of danger to public safety if treated in the community. Defendant then pled no contest to unlawfu…
-
P. v. Castillo CA1/4
A jury convicted defendant Ian Castillo of first degree murder. In this appeal, Castillo argues that the jury instructions on provocation and voluntary manslaughter by imperfect self- defense violated due process by requiring him to prove that he acted in imperfect self-defense. …
-
P. v. Brown CA1/2
After pleading guilty to felony stalking, Broderick Uriah Brown was sentenced to probation for three years with conditions. On appeal, Brown contends the trial court’s imposition of a probation condition requiring him to submit to alcohol testing was unreasonable because it was n…
-
P. v. Delima CA1/4
Defendant Guilherme Delima appeals from a six-year state prison sentence imposed after he pled guilty to one felony count of unlawful sexual intercourse with a minor (Pen. Code, § 261.5, subdivision (d))1, pled no contest to seven related felony counts, and admitted one of the en…
-
P. v. Moreno CA2/3
Tony Moreno appeals the superior court’s order denying his Penal Code section 1172.61 resentencing petition after an evidentiary hearing. Moreno contends insufficient evidence supports the court’s determination that he is guilty of murder and attempted murder under a conspiracy t…
-
Max v. Shih CA2/1
Appellants David Max and Ralph Rogari appeal from postjudgment orders awarding judgment debtor discovery sanctions to respondent George Shih. We affirm. In 2016, Max sued several directors and shareholders of 8e6 Corp., including respondent Shih (collectively, defendants). The co…
-
Leyva v. Kharbouch CA2/1
Jason Leyva provided landscaping services to Karim Kharbouch, an artist who performs under the name French Montana, at Kharbouch’s home in Calabasas. Leyva alleged that one of Kharbouch’s dogs bit Leyva and injured him when Leyva was working on the property. Leyva sued Kharbouch …
-
Lally v. Nuccion CA2/1
This is an appeal from the trial court’s enforcement of the Medical Board of California’s (the Board’s) subpoena to appellant Dr. Stephen Louis Nuccion to produce real party in interest and appellant Patient 1’s confidential medical records. The appellants are family members. Dr.…
-
In re J.D. CA1/4
In this juvenile wardship proceeding (Welf. & Inst. Code § 602), J.D., a minor, appeals from an order of the juvenile court, declaring him an indefinite ward of the court for violations of Vehicle Code section 10851, subdivision (a), Penal Code section 496d, subdivision (a), and …
-
In re Keith F. CA4/2
Keith F. appeals from the juvenile court’s order entered on July 1, 2025, placing him in the probation officer’s custody in juvenile hall pending his placement in foster care. We appointed counsel to represent Keith on appeal, and counsel filed an opening
-
In re A.P. CA6
Wilson, J. H053241 The People v. A.P.
-
In re S.N. CA6
In February 2025, the Santa Clara County Department of Family and Children’s Services (Department) received a referral for alleged child abuse by P.N. on her son S.N., who was then seven years old. The juvenile court detained S.N. and ordered the Department to provide reunificati…