California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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Sassoon v. D'Amato CA2/1
Solomon Aron Sassoon obtained a two-year restraining order protecting Sassoon, his parents, and his siblings from Anthony D’Amato, Jr. About a month after the court issued the restraining order, D’Amato sought to vacate it on the ground that Sassoon did not properly serve him wit…
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Sapphaithoon v. Wiwatniwong CA2/4
INTRODUCTION Sumalai Sapphaithoon filed an action against her landlord, Ampaunchit Wiwatniwong, a.k.a. Posey Chan. She alleged that defendant harassed and threatened her in an attempt to force her to vacate her residence, overcharged her for rent, removed her possessions and appl…
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P. v. Ontiveros CA2/6
(People v. Thompson (2025) 112 Cal.App.5th 1058, 1063, review granted Sep. 24, 2025, S292540 (Thompson); People v. Alvarado (1982) 133 Cal.App.3d 1003, 1021.) We agree with cases including Thompson and People v. Munoz (2025) 110 Cal.App.5th 499, 502, review granted June 25, 2025,…
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P. v. Calles CA4/2
(§ 1172.1, subd. (a)(1).) The trial court may also recall and resentence a defendant “on its own motion” within 120 days of the date of commitment. (§ 1172.1, subd. (a)(1).) In addition, pursuant to an amendment
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P. v. Harrington CA1/4
Francisco Super. Ct. No. 24012603) A San Francisco police officer detained defendant Vincent Harrington because he was clutching at his waistline area and hunching over suspiciously in a neighborhood known for frequent shootings. When Harrington moved his hands toward his sweatsh…
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P. v. Boone CA1/3
CR2401338A, CR2402189, CR2402190) Albert Livingston Boone has filed notices of appeal in four consolidated cases involving drug possession, which he resolved by a global plea bargain for a specified aggregate sentence of 16 years in prison. Boone did not seek certificates of prob…
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P. v. Quintana CA2/6
Omar Quintana appeals his convictions after pleading guilty in two unrelated cases. In the first case, he was charged with burglary (Pen. Code,1 § 459) and vandalism (§ 594, subd. (b)(1)) after breaking into a locked storage container. This included special allegations that he wa…
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P. v. Alaimalo CA4/1
Vaa Alaimalo appeals from a judgment after a jury verdict finding him guilty of first degree murder (Pen. Code,1 § 187, subd. (a)), felon in possession of a firearm (§ 29800, subd. (a)), and kidnapping (§ 207, subd. (a)). The jury also found true a gun use enhancement as to the m…
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P. v. Caballero CA4/2
Defendant and appellant Jose Anthony Caballero pled guilty to felon in possession of a firearm, and unlawfully carrying a firearm with intent to commit a felony and was sentenced to 24 months probation. Upon defendant’s violation of the terms of his
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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. …
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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…