California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Hall CA3
Defendant Kavasio Kavaris Hall was convicted of kidnapping for the purpose of committing robbery, first degree robbery, and access card theft. The trial court resentenced defendant under Penal Code section 1172.75,1 staying the sentence for first degree robbery under section 654 …
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P. v. Rosas CA4/1
INTRODUCTION Steven Rosas appeals one of his two convictions for stalking while a restraining order is in effect (Pen. Code,1 § 646.9, subd. (a)), asserting the charge is time-barred. We affirm.
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P. v. Quillar CA4/1
In 1985, Lee Quillar, then 17 years old, was charged in the Superior Court with multiple felonies. He pleaded guilty to grand theft from the person (former Pen. Code, § 487.2) and assault with a deadly weapon (§ 245, subd. (a)(1)). Quillar was sentenced to prison for four years e…
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P. v. Evans CA1/3
James Evans appeals from an order awarding restitution to a crime victim. Evans challenges the amounts awarded and further asserts the trial court erred in failing to enforce a subpoena duces tecum served on the victim or, in the alternative, his counsel’s omissions on the point …
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P. v. Cortes CA2/8
In 2006, Jasiel Cortes was convicted by jury of the second degree murder of Enrique Rivera. In 2023, Cortes’s petition for resentencing under Penal Code1 former section 1170.95, subdivision (a), now renumbered as section 1172.6, was denied by the trial court at the prima facie st…
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P. v. Mason CA2/3
‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗ This appeal follows defendant Charles Westley Mason’s sentencing in two cases. In the first case, Mason argues the court erred in imposing the middle term for one of the charges and that a criminal protective order issued at sentencing was unauthorize…
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P. v. Lockler CA2/8
James Earl Lockler again appears before us after a resentencing. He correctly argues further resentencing is warranted. Statutory citations are to the Penal Code. The issue before us is Lockler’s prior strike convictions under the Three Strikes law. (See §§ 667, subds. (b)-(i), 1…
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P. v. Camp CA4/1
A jury found Jonathan Robert Camp guilty of one count of first degree murder (Pen. Code,1 §§ 187, subd. (a), 189, subd. (a)), with a true finding that he personally used a deadly and dangerous weapon (§ 12022, subd. (b)(1); count 1); and one count of attempting to dissuade a witn…
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P. v. Hoffman CA4/1
INTRODUCTION A jury convicted Curtis Lavern Hoffman of one count of felony vandalism (Pen. Code,1 § 594, subds. (a), (b)(1)) and he admitted a prior strike conviction. The trial court struck Hoffman’s prior strike conviction and placed him on two years of formal probation subject…
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P. v. Carrasquillo CA5
-ooOoo- INTRODUCTION After an altercation with a neighbor (B.G.), defendant Hector Ivan Carrasquillo was charged with felony resisting arrest (Pen. Code, § 69, subd. (a); count 1)1; misdemeanor battery on a police officer (§ 243, subd. (b); count 2); misdemeanor battery on B.G. (…
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P. v. Fulgenzi CA4/3
William Russell Fulgenzi, Jr., appeals after a jury found him guilty of one count each of evading while driving recklessly and resisting and obstructing an officer. The trial court found true Fulgenzi suffered a prior strike conviction. Fulgenzi argues the trial court erred by in…
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P. v. Stancil CA1/2
A jury found defendant Avery Stancil guilty of intercourse or sodomy with a child 10 years of age or younger. On appeal, Stancil contends that: (1) the trial court erroneously denied his objection to the prosecutor’s peremptory challenge of a Black prospective alternate juror; (2…
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P. v. McCurdy CA2/6
James Clayton McCurdy, Jr. appeals his conviction, by jury, of making criminal threats to Gale Harris. (Pen. Code, § 422, subd. (a).)1 The trial court sentenced appellant, a second strike offender, to the low term of 16 months in state prison, doubled to 2 years, 8 months under t…
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P. v. Johnson CA2/6
Joseph Lynn Johnson appeals the judgment entered after a jury found him guilty of rape of a mentally disabled person in violation of Penal Code section 261, subdivision (a)(1).1 Appellant was sentenced to prison for the low term of three years. We reject appellant’s contention th…
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P. v. Linares CA3
After a jury found defendant Antonio Montes Linares guilty of first degree murder and found two firearm enhancement allegations true, the trial court sentenced him to a term of 50 years to life. Defendant appeals from the trial court’s order declining to address his request for r…
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P. v. Forehand CA4/1
Isaac Forehand entered into a plea agreement with a stipulated disposition. Appellant pleaded guilty to stalking with a court order in effect (Pen. Code, § 646.9, subd. (b)) and admitted the on-bail enhancement (§ 12022.1, subd. (b)). The court sentenced Appellant consistent with…
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P. v. Bunyad CA1/5
In 2017, a jury convicted Darius Bunyad of six counts of felony sexual battery by fraud (Pen. Code, § 243.4, subd. (c));1 one count of misdemeanor battery (§ 242); and six misdemeanor counts of annoying or molesting a child (§ 647.6, subd. (a)(1)). The trial court sentenced him t…
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P. v. Gonzalez CA2/5
I. INTRODUCTION Defendant Benjamin Gonzalez appeals from an order denying his petition for writ of habeas corpus. Defendant requests that we treat his appeal as taken from the denial of a petition pursuant to Penal Code1 section 1172.6. We will grant defendant’s request, but beca…
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P. v. Wallace CA3
Defendant Vivion Deandre Wallace appeals from a postconviction order denying his motion for recall of sentence and resentencing. Appellate counsel filed a brief raising no arguable issues under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) and asking this court to exerc…
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P. v. Gonzalez CA6
As explained below, we accept this concession and order the protective orders stricken. * Before Lie, Acting P. J., Wilson, J., and Bromberg, J. I. BACKGROUND In May 2024, P.J. was taking an evening walk around the residential complex where she lived with her husband D.K. (See Ca…