California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Thomas CA1/2
In re JAMAL THOMAS, A176048 on Habeas Corpus. After a jury convicted defendant Jamal Thomas of murder (Pen. Code, 1 § 187, subd. (a)) and other crimes, the trial court sentenced him to three years and eight months in state prison, followed by 25 years to life. Defendant appeals. …
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P. v. Lucio CA3
Defendant Phillipe Benito Lucio was resentenced pursuant to Penal Code section 1172.75.1 After striking defendant’s prior prison term enhancement, the trial court declined to further reduce defendant’s sentence. On appeal, defendant claims the trial court erred by reimposing an u…
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P. v. Austin CA3
Defendant Dennis Exzaver Austin appeals from a trial court resentencing order under Penal Code section 1172.75.1 Appointed counsel asked this court to review the record pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and defendant filed a supplemental brief. …
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P. v. Zavala CA3
Appointed counsel for defendant Joel Ayala Zavala asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to de…
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P. v. Ambriz CA4/1
A jury convicted Steven George Ambriz of murder and unlawful possession of a firearm and ammunition. Ambriz seeks reversal of that conviction, arguing the trial court inadequately investigated potential juror
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P. v. Whitehurst CA4/1
A jury convicted Marvin Whitehurst of one count of robbery (Pen. Code, § 211) Whitehurst waived jury trial on the alleged aggravating factors. The court found the alleged aggravating factors to be true. The court denied probation and sentenced Whitehurst to the upper term of five…
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P. v. Smith CA2/6
Shawn Laval Smith appeals the judgment entered after a jury trial. He entered dual pleas of not guilty and not guilty by reason of insanity. In the guilt phase of the trial, the jury convicted him of first degree murder, i.e., murder committed with premeditation and deliberation.…
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P. v. Azevedo CA3
Appointed counsel for defendant Julian Antone Azevedo asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Our review of the record indicates that the approved plea agreement provided …
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P. v. Bennett CA3
The People charged defendant David Hill Bennett with carjacking, attempted carjacking, theft or unauthorized use of a vehicle, attempted theft or unauthorized use of a vehicle, resisting or obstructing a public officer, and assault by force likely to produce great bodily injury. …
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P. v. Davenport CA2/3
A jury convicted Tyrell Davenport of human trafficking, pimping, and pandering multiple victims, including Aaliyah M. Below, the trial court found that Aaliyah was unavailable to testify at trial and admitted her prior preliminary hearing testimony and recorded statements Aaliyah…
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P. v. Johnson CA2/3
Lester Johnson appeals from his resentencing under Penal Code section 1172.75.1 Johnson contends the court erred in declining to strike his prior strike, declining to strike his firearm enhancements, and reimposing the upper term on the second count for attempted murder as well a…
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P. v. Martinez CA2/8
Inmates Santiago Martinez and Alberto Mejia attacked another inmate. Martinez and Mejia challenge their convictions for attempted murder and other charges. We agree with the prosecution that we must reverse Mejia’s conviction under section 4501, subdivision (a) because it duplica…
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P. v. Flemming CA3
A jury found defendant Jonathan Flemming guilty of first degree murder after a trial at which he testified in his own defense. On appeal, Flemming argues that the trial court erred in two respects when it allowed the prosecution to impeach his testimony with evidence of his prior…
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P. v. George CA3
Defendant Tavon Anthony George appeals the trial court’s denial of his application for pretrial mental health diversion. He contends the court abused its discretion by denying diversion because its finding that he is ineligible for diversion is not supported by substantial eviden…
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P. v. Mounsaveng CA5
-ooOoo- * Before Hill, P. J., Franson, J. and DeSantos, J. INTRODUCTION Appellant and defendant Oday Mounsaveng (Mounsaveng) and codefendant Vaene Sivongxxay (Sivongxxay) committed a series of robberies together in Fresno County, between July and December 1996, while both were ar…
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L.G. v. Superior Court CA5
-ooOoo- Petitioner L.G. (father) seeks an extraordinary writ (Cal. Rules of Court, rule 8.452)1 from the juvenile court’s orders issued at a contested six-month review hearing (Welf. & Inst. Code, § 366.21, subd. (e))2 terminating his reunification services and setting a section …
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K.C. v. Superior Court CA4/3
R., Sr. No appearance for Minor. * * * Petitioner K.C. (Mother) seeks extraordinary relief (Welf. & Inst. Code, § 366.26, subd. (l); Cal. Rules of Court, rule 8.452) from the juvenile court’s order made at the concurrent 18-month and 24-month status review hearing, terminating se…
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In re D.R. CA2/6
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX In re D.R., a Person Coming 2d Juv. No. B350556 Under the Juvenile Court Law. Super. Ct. No. EL1293B (Los Angeles County) THE PEOPLE, Plaintiff and Respondent, v. D.R., Defendant and Appellan…
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In re Frankie C. CA2/2
Father Anthony C. appeals two juvenile court orders in dependency proceedings for his son Frankie C., born 2019. The first, entered under Welfare and Institutions Code1 section 362, subdivision (a), directed that Frankie (i) receive standard childhood vaccines necessary to permit…
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Gupta v. Patil CA1/1
Respondent Sanchita Gupta sued appellant Gautam Patil after Patil failed to repay money owed under a promissory note. Patil proceeded without an attorney. Shortly before trial, the trial court denied Patil’s motion to amend his answer to allege that the action was barred by Code …