California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Flores CA4/1
In 2010, Edgar Antonio Flores was convicted of second degree murder, among other offenses arising out of a high-speed gun battle between rival gang members. Flores was convicted of murder based upon the provocative act theory as an aider and abettor. Flores appealed and this cour…
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P. v. Starkey CA4/2
INTRODUCTION Defendant Aaron Michael Starkey appeals from convictions for murder (Pen. Code,1 § 187, subd.(a)), and driving under the influence, causing injury.
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P. v. Palmer CA4/2
I. In 1998, defendant and appellant Floyd Palmer was found guilty of premeditated attempted murder (Pen. Code, §§ 664, 187), attempted murder (§§ 664, 187), unlawfully
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P. v. Hodge CA5
-ooOoo- Defendant Anthony Gene Hodge was convicted by jury of second degree robbery, misdemeanor theft, and misdemeanor resisting a police officer. On appeal, he contends: (1) the trial court’s admission of his statements violated his Miranda rights (Miranda v. Arizona (1966) 384…
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P. v. Flores CA4/3
Defendant Raul Gastellum Flores stands convicted of four counts of special circumstances murder. He contends reversal is required because the trial court’s jury instructions allowed him to be convicted of murder on an invalid theory of imputed malice. We disagree and affirm the j…
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P. v. McClay CA4/1
Keontae Laray McClay appeals from a judgment and sentence of six years in state prison. After conducting an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders), we affirm the judgment. I. …
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P. v. Gutierrez CA4/2
A jury convicted Sergio Gutierrez of assault with a deadly weapon and numerous other felonies and misdemeanors arising out of two incidents involving his former girlfriend. On appeal, Gutierrez contends that the trial court erred by finding that the
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P. v. Ortiz CA4/2
Defendant Angel Ortiz appeals from the order of the San Bernardino Superior Court denying his Penal Code section 1170, subdivision (d)(1) petition for recall and resentencing.1 We will affirm.
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P. v. Moreno CA4/2
At a resentencing hearing pursuant to Penal Code section 1172.75,1 the court declined to strike defendant and appellant Daniel Jesus Moreno’s prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and personal use of a deadly weapon
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P. v. Marks CA5
-ooOoo- * Before Levy, Acting P. J., Detjen, J. and Harrell, J. Appellant Steven Lee Marks appeals the denial of his petition to terminate his duty to register as a sex offender. Appellant argues that the trial court abused its discretion when it denied his petition and that this…
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P. v. Love CA2/5
Defendant and appellant Timothy Love (defendant) appeals from a resentencing held in accordance with this court’s directions in a prior appeal. (People v. Atlas (May 19, 2022, B306982) [nonpub. opn.] (Atlas I).) We consider whether the trial court erred in imposing an upper term …
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P. v. Johnson CA2/8
On October 21, 2003, the People filed an information charging Defendant Daniel Lee Johnson with two counts of robbery (Pen. Code, § 211;1 counts 1 & 3) and one count of attempted robbery (§§ 664, 211; count 2). The People also alleged two previous robbery convictions under sectio…
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P. v. Romo CA4/3
* * * Defendant Aaron Stevan Romo choked his girlfriend’s neck with his bare hands until she was dead (manual strangulation). Romo had previously committed multiple acts of domestic violence against his girlfriend and six other women. The People charged Romo with first degree mur…
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P. v. Audain CA4/3
Defendant Kennedy Anthony Audain appeals from his conviction for first degree murder. He contends insufficient evidence showed he killed willfully, deliberately, and with premeditation. He also contends two fines that were imposed but stayed should be stricken from the trial cour…
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P. v. Vigil CA6
Defendant Willie Paul Vigil, Jr. appeals from the trial court’s denial of his request for resentencing under Penal Code section 1172.75.1 On appeal, Vigil’s counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), raising no issues, and Vigil filed a b…
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P. v. Carrasco CA4/3
* * * I. Introduction Noel Carrasco (Defendant) appeals from an order denying his postjudgment request for a hearing pursuant to People v. Franklin (2016) 63 Cal.4th 261. Defendant’s appointed counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadill…
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Miller v. Lake Merritt Healthcare Center CA1/1
Defendants Lake Merritt Healthcare Center (LMHC) and Chrysta Solorzano appeal from a trial court order denying their motion to compel arbitration. We affirm. In September 2022, while in his early 20s, Paris Moffett suffered a gunshot wound and was paralyzed from the waist down. I…
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Meinhardt v. Sunny Acre CA2/5
Edgar Meinhardt (Meinhardt), and a limited liability company he controlled, sued their lenders and mortgage broker involved in home loan foreclosure proceedings. Two weeks before a scheduled trial date, the trial court denied Meinhardt’s ex parte application for a continuance. Th…
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Medina v. Medina CA4/3
Plaintiff Porfirio Medina appeals from an order denying his request for elder abuse protective orders against his children, Veronica Medina and Ezequiel Medina.1 He contends the trial court wrongly found none of the children’s conduct at their shared house constituted elder abuse…
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Martin v. Newrez CA3
Defendant Newrez, LLC, doing business as Shellpoint Mortgage Servicing, (Shellpoint) appeals from an order denying its motion for relief under Code of Civil Procedure section 473, subdivision (b) (section 473(b)).1 Plaintiff Gwendolyn Martin filed a petition for relief from finan…