California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Bishop CA2/4
INTRODUCTION In 1996, Gregory Bishop was convicted of numerous counts of kidnapping for sexual purposes, and forcible rape, sodomy and oral copulation while acting in concert. He was 17 years old at the time of the heinous offenses. The trial court sentenced him to 166 years in s…
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P. v. Castellon CA2/1
In the proceedings below, the trial court denied appellant Kevin Foua Castellon’s petition for mental health diversion pursuant to Penal Code section 1001.36.1 Section 1001.36 provides a defendant in a criminal case is eligible for mental health diversion if he demonstrates: (1) …
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P. v. Castaneda CA4/3
* * * A jury convicted defendant Marcos Alfredo Castaneda of six counts of engaging in a lewd or lascivious act with a minor under the age of 14 (Pen. Code, § 288, subd. (a)). The jury also found true defendant committed these offenses against more than one victim (§§ 667.61, sub…
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P. v. Ramirez CA2/3
‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗ Narciso Ramirez appeals from an order denying his petitions for resentencing under Penal Code1 sections 1172.6 and 1172.1. His appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216. We directed counsel to provide a copy of t…
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P. v. Alnagoma CA3
Defendant Mahmood Waad Alnagoma and the child’s mother were tried jointly on charges of child abuse involving the mother’s daughter. A jury found Alnagoma guilty of child abuse and found true that he personally inflicted great bodily injury on a child under the age of five years.…
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P. v. Cosper CA3
Defendant Lexy Anne Cosper pled guilty to driving under the influence causing injury and received a sentence of four years four months. She appeals, arguing the trial court denied her request for probation based on the erroneous assumption that she was presumptively ineligible fo…
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P. v. Contreras CA4/3
* * * Defendant Alfred Michael Contreras pleaded guilty to one count of attempted murder (Pen. Code, §§ 187, subd. (a), 664) and admitted the attempted murder was for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). The prosecution dismissed one count of street ter…
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P. v. Garcia-Flores CA1/5
Kevin Armando Garcia-Flores appeals from his convictions for criminal threats (Pen. Code, § 422, subd. (a)) and misdemeanor assault (id., § 240), challenging the trial court’s evidentiary rulings concerning the admissibility of character evidence and impeachment evidence under Ev…
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P. v. Mireles CA2/8
Omar Mireles appeals the trial court’s denial of his section 1172.6 petition at the prima facie stage. Because the record of conviction did not establish Mireles was ineligible for relief as a matter of law, we reverse and remand for the trial court to set an evidentiary hearing …
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P. v. Domonguez CA4/2
Defendant and appellant Selman Domonguez, Jr., appeals the trial court’s denial of his petition for resentencing pursuant to Penal Code section 1172.6 at the prima facie phase.1 The trial court held that defendant was ineligible for section 1172.6 relief as a
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P. v. Tellez CA5
-ooOoo- * Before Levy, Acting P. J., Meehan, J. and DeSantos, J. INTRODUCTION In November 2022, appellant and defendant Antonio Tellez (defendant) pleaded no contest to a felony violation of Penal Code1 section 273.5, subdivision (a) and admitted two prior strike convictions, pur…
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P. v. Martinez CA4/3
” The test is whether the physical force used was “‘substantially different from or substantially in excess of that required for the lewd act.’” (People v. Babcock (1993) 14 Cal.App.4th 383, 385 (Babcock).) “‘[A]n act is forcible if force facilitated the act rather than being mer…
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P. v. Carothers CA6
Defendant Forest Barton Carothers appeals from a judgment entered after he pleaded no contest to various charges related to driving under the influence (DUI). Appointed counsel for Carothers filed an opening brief which provides the procedural and factual background of the case b…
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P. v. Zamudio CA6
Wilson, J. H053910 The People v. Zamudio
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Khedr v. Superior Court CA1/5
VICTOR KHEDR et al., Petitioners, v. THE SUPERIOR COURT OF SAN A173872 Respondent; (San Mateo County BROADMOOR POLICE Super. Ct. No. 21CIV03905) PROTECTION DISTRICT et al., Real Parties in Interest.
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In re A.V. CA2/1
Appellant-mother D.H. contends the juvenile court erred in issuing its jurisdictional and dispositional orders because it did so without first determining whether it had jurisdiction over her daughter A.V. (born June 2020) under the Uniform Child Custody Jurisdiction and Enforcem…
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In re Dennis M. CA2/3
‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗ Dennis M., Jr. (father) appeals from a juvenile dependency disposition order, urging that the juvenile court erred by denying him reunification services pursuant to Welfare and Institutions Code1 section 361.5, subdivision (b)(12) (section 361.5(b)(12…
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In re McCowen CA4/2
INTRODUCTION Petitioner Marcil McCowen was convicted of first degree murder (Pen. Code,1 § 187, subd.(a)) in 2001 and was sentenced to a term of 50 years to life in prison. His
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In re G.C. CA4/2
Defendant and appellant G.C., who was born in August 2007 and who has been charged with several criminal offenses committed in August 2024, appeals the granting of the People’s Welfare and Institutions Code section 707 petition transferring him from the
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In re R.S. CA5
-ooOoo- * Before Detjen, Acting P. J., Snauffer, J. and DeSantos, J. Appellant N.P. (mother) is the mother of R.S., G.S., and A.S. (collectively, the children), who are the subjects of this dependency case. Mother challenges the juvenile court’s order issued at a Welfare and Inst…