CA Unpub Decisions

Defendant, a contract sales agent and sales manager was convicted of the grand theft of over $370,000 from the company by submitting false invoices from a business he owned and controlled for services that were not provided. Defendant was also convicted of misdemeanor perjury and failure to file tax returns with intent to evade taxes. Defendant received four years in state prison and was ordered to pay fines, fees, and restitution. On appeal, defendant challenges the adequacy of defense counsel's representation, jury instructions, and the attorney fee component of the restitution order.

The minor appeals from the juvenile court's order revoking his probation under Welfare and Institutions Code section 777. The minor contends that he was denied his constitutional rights to confront and cross-examine adverse witnesses because the court's findings were based upon inadmissible hearsay. The minor further argues that absent the inadmissible hearsay there was insufficient evidence that he violated his probation. Court affirmed.

Defendant appeals a judgment convicting him of first degree murder. Defendant contends the trial court erred by failing to exclude a confession he made after his arrest on another charge, arguing that the police elicited the confession in violation of his constitutional rights. Defendant also claims the trial court erred by instructing the jury with CALJIC No. 8.25. After a thorough review of the record, court found no prejudicial error and affirmed judgment.

A modification decision.

A modification decision.

A modification decision.

Plaintiff appeals the trial court's grant of summary judgment in favor of respondent in Plaintiff's action for equitable contribution against Defendants . The trial court ruled Plaintiff's claims were barred by the doctrine of laches. Court affirmed.

Defendant appeals from his conviction by jury verdict of attempted murder and assault with a firearm. Defendant asserts that his convictions must be reversed because of prosecutorial misconduct and that great bodily injury enhancements should have been stricken rather than stayed. Court found no prosecutorial misconduct. The great bodily injury enhancements should have been stricken because a 25-year-to-life enhancement was also imposed. Court modified the abstract of judgment accordingly.

These in propria persona appeals, filed by mother, father, and maternal grandmother, in connection with minors, seek reversal of juvenile court orders denying mother's petition for modification and terminating the parental rights of mother and father. Mother, father, and the maternal grandmother make various contentions of alleged prejudicial error. Court affirmed the orders.

A jury found defendant guilty of first degree robbery and first degree burglary. On appeal defendant contends the evidence was insufficient to support his robbery conviction. Defendant also contends the trial court erred when it failed to instruct the jury on the lesser included offense of theft. Court affirmed the judgment.

Defendant pled no contest to passing multiple worthless checks, and admitted having served a prior prison term. Released on his own recognizance after the bad check plea, defendant failed to show up for sentencing. Defendant was charged with one count of failure to appear, to which he subsequently entered a no contest plea in exchange for the dismissal of an enhancement for committing an offense while released on one's own recognizance. At sentencing for both cases, the trial court imposed the upper term of three years on the bad check conviction and imposed certain fines and fees. On appeal, defendant contends the court erred in imposing each of these three components of his sentence. Only the final contention has merit. Court strikes the theft fine imposed and otherwise affirms the judgment.

Defendant entered a negotiated guilty plea to unlawful sexual intercourse, and disobeying a court order. On the unlawful sexual intercourse conviction, the court suspended imposition of sentence and placed him on probation for five years including conditions he "attend and successfully complete a . . . counseling program approved by the P.O., if directed by the P.O." It imposed a sentence of credit for time served on the conviction of disobeying a court order. The court later revoked and reinstated probation. The court held a hearing and again revoked probation. The court sentenced defendant to prison for the two-year middle term. Defendant contends there was insufficient evidence to prove he violated the terms of probation. Judgment Affirmed.

Defendant was found guilty by a jury of possession of a weapon or sharp instrument in a penal institution. Defendant admitted the special allegations. The remaining special allegations were dismissed in the interests of justice and the defendant was committed to state prision for 6 years less custody credits. Court concluded an independent review of the record and found no arguable issues. The judgment is affirmed.

A jury convicted defendant of attempted murder, during which he discharged a firearm and two counts of assault with a firearm, during both of which he discharged a firearm and during one of which he inflicted serious bodily injury. The trial court granted his motion for a new trial as to the attempted murder and the People appealed. Court concluded an independent review of the record and find no arguable issues. Judgment Affirmed