CA Unpub Decisions
California Unpublished Decisions
The juvenile court sustained a petition alleging that appellant committed an assault with a deadly weapon or by means likely to produce great bodily injury, and committed battery with serious bodily injury, both felonies. The trial court also sustained the allegations that in the commission of the assault and the battery, appellant personally inflicted great bodily harm. The court found that appellant was a person described by Welfare and Institutions Code section 602, adjudged him to be a ward of the court, and placed him in a short term camp community program and in the care, custody and control of the probation officer. The juvenile court determined appellant's maximum period of confinement to be seven years.
Appellant appeals from the orders sustaining the petition and adjudging him a ward of the court, contending that the juvenile court erred in imposing the section 12022.7 enhancement and that probation condition number 12 must be stricken. Court affirms the juvenile court's orders. |
The District Attorney of Los Angeles County filed a complaint charging defendant with identity theft, forging and counterfeiting the California state seal, two counts of forgery, and failing to register. The complaint alleged that defendant had suffered six prior convictions and that he served three prior prison terms.
Court is satisfied from the examination of the record that no other arguable issues exist. The judgment is modified to reflect a $20 court security fee for each of defendant's convictions. The judgment is otherwise affirmed. |
A jury convicted defendant of unlawful possession of access card account information, unlawful possession of access cards, unlawful possession of a blank check, and receiving stolen property.
On appeal, Defendant contends the trial court erred in denying her motion to suppress evidence because the police violated the "knock-and-announce rule." Court affirms. |
Plaintiff, appeals from a Code of Civil Procedure section 437c judgment in favor of defendants. Defendants' motion was based on collateral estoppel. Court conclude defendants failed to establish that plaintiff's causes of action was entirely without merit because there was a complete defense to them. Court reverses the judgment.
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Defendant appeals from the finding that defendant was in violation of probation in case No. NA061158. In that case, defendant plead no contest, to one count of second degree burglary. In accordance with the plea agreement, the court sentenced appellant to the high term of three years for the burglary and five consecutive years for five prison priors. Execution of sentence was suspended, and defendant was placed under terms and conditions of probation for three years, including commitment to a jail term equal to time served. Judgment affirmed.
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Defendant appeals his conviction by jury of shooting at an occupied building, his admission of a prior serious felony conviction, and two prior felony convictions within the meaning of the "Three Strikes" law. Defendant was sentenced to 25 years to life with a five-year prior serious felony conviction enhancement. Appellant contends that (1) the delivery of CALJIC No. 2.52, the flight instruction, constituted prejudicial error; (2) his three strikes sentence should be vacated; and (3) the trial court erred in limiting his presentence conduct credit to 15 percent. Respondent agrees that the 15 percent limitation on conduct credits is inapplicable, and court modifies the judgment accordingly. Court otherwise affirms.
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Appellant was convicted, following a jury trial, of one count of vandalism, one count of battery, one count of vandalism of a dwelling, and one count of trespassing by injuring property. The trial court sentenced appellant to state prison for the mid-term of two years for the vandalism conviction, 180 days for each of the remaining convictions, and ordered those terms to run concurrently to the vandalism term.
Defendant appeals contending that the evidence is insufficient to support his conviction on all counts and further contending that the 180 day sentences should be stayed. Court reverses appellant's conviction for vandalism of a dwelling. His sentence for trespass by injury is ordered. Court affirms the judgment of conviction in all other respects. |
Plaintiff sued the estate planning attorney and law firm used by her mother and stepfather. Father claimed that counsel and the firm engaged in malpractice, conspiracy to breach their fiduciary duties, and conspiracy to commit fraud. The trial court dismissed the action after sustaining the demurrer to the Third Amended Complaint without leave to amend. On appeal, father challenges the trial court's ruling on the demurrer on the grounds that the causes of action was not barred by the statute of limitations, and requests leave to amend the complaint if pleading infirmities are identified. Court affirms.
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Plaintiff appeal from judgment upon a jury's Special Verdict in the Los Angeles Superior Court in favor of Respondents because they claim respondent was negligent as a matter of law, the trial court's denial of a motion for judgment notwithstanding the verdict and its exclusion of evidence and reference to respondent's age and driving experience constituted prejudicial error, and respondent's memorandum of costs was not timely filed. Court affirms the judgment of the court in all regards.
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A lawyer has repeatedly sued his former employee for alleged conversions of property. In the present litigation, the trial court awarded the lawyer money on a stock conversion claim that was not alleged in the complaint, over the relevancy objections of the former employee. Court reverses the award for the stock conversion. The trial court should not have admitted or considered testimony relating to stock conversion because it is not the subject of this litigation. Otherwise, court affirms the judgment.
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Defendant appeals from the trial court's order granting respondent's petition to determine the construction of the Lynne M. Kauffman Trust. Court concludes that the trial court's construction of the trust is reasonable and consistent with the trustor's intent as expressed in the trust document and therefore affirms the order.
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A jury convicted defendant of attempted murder, assault with a semiautomatic firearm, and active participation in a criminal street gang. The jury found true the allegation Defendant personally discharged a firearm causing great bodily injury during the attempted murder. The court sentenced Defendant to prison for 40 years to life, consisting of 15 years to life for attempted murder and 25 years to life for the firearm enhancement. The court initially awarded him 775 days of conduct credit, but subsequently amended the abstract of judgment to reflect 803 days of credit. Defendant contends insufficient evidence supports the jury's finding that he knew of a pattern of criminal gang activity for purposes of the section 186.22(a) conviction. Court disagrees and affirms the judgment.
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Defendant was convicted in a jury trial of receiving stolen property. Defendant appeals from the judgment of the conviction, contending that (1) there was insufficient evidence to support his conviction; (2) the trial court erred in failing to instruct the jury on the definition of possession; (3) the trial court abused its discretion in ordering restitution in the amount of $665; and (4) his sentence is unconstitutional under Blakely v. Washington. Court agrees that the trial court abused its discretion in ordering defendant to pay $665 in restitution and order the abstract of judgment amended to reflect restitution in amount of $370. Court reject defendant's remaining contentions and affirms in all other regards.
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