California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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Rivera v. Flagship Facility Services CA6
Plaintiff Ma Azucena Vargas Rivera filed a putative wage and hour class action against her former employer, defendant Flagship Facility Services, Inc., and three affiliated entities, defendants Flagship Enterprises Holding, Inc.; Flagship Sweeping Services, Inc.; and Flagship Air…
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P. v. Perez CA1/4
Exercising our discretion to consider asserted error not raised in the trial court, we conclude that Perez’s abuse of discretion argument is unpersuasive in light of the record available to the court at the time of its ruling. Further, even assuming for the sake of argument that …
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P. v. Taylor CA3
Defendant A’Dre Eugene Taylor appeals the trial court’s denial of his application for pretrial mental health diversion under Penal Code, section 1001.36.1 Defendant contends the court’s finding that the People overcame the statutory presumption that his mental health diagnosis wa…
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P. v. Bradshaw CA4/1
A jury convicted David Bradshaw of assault with a semiautomatic firearm (Pen. Code,1 § 245, subd. (b)), assault with a firearm (§ 245, subd. (a)(2)), and shooting at an occupied motor vehicle (§ 246). Bradshaw contends, and the People concede, the conviction for assault with a fi…
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P. v. Emmons CA4/2
Defendant and appellant Richard David Emmons appeals from the judgment entered against him by the Riverside County Superior Court. We will affirm. In October 2024, defendant was employed as a live-in caretaker by a man (the
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P. v. Hicks CA1/3
A jury found that appellant Kenneth Hicks committed a felony by attempting to prevent an executive officer from performing an official duty. (Pen. Code, § 69; statutory references are to this code unless otherwise indicated.) On appeal, Hicks contends the judgment is not supporte…
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P. v. Morse CA1/4
A jury convicted Timothy Morse of multiple sex offenses against Jane Doe. Morse’s main contentions on appeal are that his trial counsel rendered ineffective assistance by failing to object to expert testimony that exceeded the scope of permissible Child Sexual Abuse Accommodation…
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P. v. Duran CA1/4
Jose Angel Duran appeals after a jury convicted him of three counts of committing lewd and lascivious acts with a child under 14 years old (Pen. Code, § 288, subd. (a)).1 The trial court denied probation and sentenced him to 10 years in prison. Duran contends the trial court erre…
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P. v. Abram CA1/2
The Law and Standard of Review In Miller, supra, 567 U.S. 460, “the United States Supreme Court ruled that under the Eighth Amendment to the United States Constitution ‘a state may authorize its courts to impose [a sentence of] life without parole on a juvenile homicide offender …
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P. v. Andrews CA1/3
A jury convicted Matthew Lee Andrews of two counts of domestic battery causing corporal injury (Pen. Code, § 273.5, subd. (a)).1 On appeal, Andrews challenges the sufficiency of the evidence that he was in a dating relationship with the victim. He contends that without sufficient…
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P. v. Rushing CA3
Following the trial court’s denial of his motion for mental health diversion under Penal Code section 1001.36, defendant Edward Richard Rushing III pled no contest to second degree burglary and admitted a prior strike. The court sentenced defendant to four years in state prison. …
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P. v. Johnson CA4/1
Phillip Loyd Blaise Johnson burglarized a restaurant in San Diego on two different occasions, and also attempted to burglarize a home. To facilitate the second restaurant burglary, Johnson used a drill and crowbar to take the restaurant’s door off its hinges, which resulted in a …
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P. v. Helton CA4/1
Robert Helton appeals a judgment of conviction after a jury found him guilty of assault with a firearm (Pen. Code,1 § 245, subd. (a)(2); count 1); unlawful possession of a firearm by a prohibited person (§ 29800, subd. (a)(1);
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P. v. Reed CA6
Defendant Jaylen Tyreezaemond Reed, armed with a firearm, broke into the victim’s home and, after stealing some of the victim’s personal property, shot the victim in the back. After Reed pleaded no contest to first degree robbery, assault with a firearm, and first degree burglary…
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P. v. Caneitzep CA1/1
Defendant William Anibal Caneitzep appeals from a judgment entered after sentence was imposed upon his violation of probation. His appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), asking this court to conduct an independent review to deter…
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P. v. Guerra CA5
-ooOoo- * Before Levy, Acting P. J., Snauffer, J. and DeSantos, J. On March 26, 2025, the trial court granted defendant Tony Guerra’s motion to suppress evidence and dismissed the case. The People appealed, arguing that the court erred because the law enforcement officer’s initia…
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P. v. Weinstein CA2/1
Harvey Weinstein appeals from a judgment entered after a jury found him guilty of forcible oral copulation, sexual penetration by a foreign object and forcible rape, and the court sentenced him to 16 years in prison. He raises numerous contentions on appeal, including claims of e…
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P. v. Dodson CA2/4
Defendant Dean Patrick Dodson appeals after a jury convicted him of eight felonies: two counts of criminal threats (Pen. Code, § 422, subd. (a)),1 two counts of vandalism (§ 594, subd. (a)), one count of assault with a deadly weapon (§ 245, subd. (a)(1)), one count of assault by …
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P. v. Edwards CA2/7
Rudolph Arnold Edwards, III appeals after the trial court sentenced him to two years in prison when Edwards violated the terms of his felony probation. We appointed counsel to represent Edwards on appeal. After reviewing the record, counsel for Edwards filed a brief pursuant to P…
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P. v. Snyder CA2/5
I. INTRODUCTION Defendant Theodore Snyder appeals from the trial court’s order denying his petition for resentencing under Penal Code section 1170, subdivision (d).1 He contends the court erred when it determined that his 32-years-to-life sentence was not the functional equivalen…