California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Crist CA3
Defendant Derrick Deon Crist pled no contest to vandalism and was sentenced to two years in county prison. Appointed counsel for defendant asks this court to conduct an independent review of the record under People v. Wende (1979) 25 Cal.3d 436. Finding no arguable error that wou…
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P. v. Fernandez CA2/2
Defendant Ricky Delarosa Fernandez was convicted by a jury of second degree murder for the killing of Ricardo Guerrero (Pen. Code,1 §§ 187, 189, subd. (b)). Fernandez now appeals on the sole basis that the trial court erred in permitting testimony identifying him by his moniker, …
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P. v. Mitchell CA2/1
Bryan Mitchell appeals from a judgment entered after resentencing, contending the superior court erred by reimposing the upper term for his attempted murder conviction. We disagree and affirm, subject to ordering the abstract of judgment modified to correct the calculation of Mit…
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P. v. Fuentesveloz CA2/1
Appellant Mario Fuentesveloz requested diversion to a mental health program for alcohol use disorder. (Pen. Code, §1001.36.)1 The trial court denied his request because he poses an unreasonable risk of danger to public safety. (Id., subd. (c)(4).) We review his appeal of the dive…
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P. v. Romero CA4/1
Michael James Romero appeals a judgment of conviction after a jury found him guilty of two counts of first degree murder (Pen. Code, § 187, subd. (a)).1 The jury returned true findings on allegations that, in the commission of each offense, Romero personally and intentionally dis…
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P. v. Byrd CA5
-ooOoo- * Before Detjen, Acting P. J., Snauffer, J. and DeSantos, J. INTRODUCTION In 2018, appellant and defendant Ernest Byrd (defendant) was convicted of robbery with an enhancement for personal use of a firearm (Pen. Code,1 § 12022.53, subd. (b)), burglary, and misdemeanor res…
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P. v. Masuhara CA3
Appointed counsel for defendant Kevin Shigeichi Masuhara, Jr., filed an opening brief asking this court to review the record and determine whether there are any arguable issues on appeal. (See People v. Wende (1979) 25 Cal.3d 436.) Defendant has not filed a supplemental brief. Fi…
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P. v. Bowman CA3
Appointed counsel for defendant Christopher Kent Bowman asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to him, …
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P. v. Ambrocio CA4/3
* * * This appeal arises from the trial court’s denial of a petition for resentencing under Penal Code section 1172.7, which permits resentencing where a defendant is currently serving a prison sentence that imposed a now- invalid enhancement for prior drug-related convictions.1 …
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P. v. Garcia CA6
A jury convicted defendant Mario Thomas Garcia of second degree murder (Pen. Code,1 § 187, subd. (a)) and related crimes for shooting a man outside a bar in Salinas. The trial court sentenced Garcia to 55 years to life in prison plus two years eight months. On appeal, Garcia clai…
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P. v. Cole CA1/2
A jury convicted Billy Bruce Cole of second degree murder (Pen. Code,1 § 187, subd. (a)) with a firearm enhancement (§ 12022.53, subd. (d)), and he was sentenced to 40 years to life in prison. On appeal, Cole argues reversal is required because the trial court excluded certain ev…
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P. v. Sairafe CA4/3
* * * A jury found appellant Nouras Jilal Sairafe guilty of unlawfully driving a vehicle. (Veh. Code, § 10851, subd. (a).)1 In a bifurcated proceeding, the trial court found true that Sairafe had suffered numerous prior convictions (Cal. Rules of Court, rule 4.421(b)(2)), had ser…
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P. v. Burbie CA4/3
* * * Defendant Derric Jerant Burbie appeals from an order denying a youthful offender parole hearing under Penal Code section 30511 and proceedings pursuant to People v. Franklin (2016) 63 Cal.4th 261 (Franklin). Burbie, who was 20 years old at the time, was convicted of first d…
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P. v. Woodard CA1/4
A jury convicted defendant James Woodard of five domestic violence offenses committed against his girlfriend, Jane Doe (JD), resulting in an aggregate prison term of nineteen years. On appeal, Woodard raises various claims of ineffective assistance of counsel, instructional error…
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P. v. Brooks CA1/4
Bianca Brooks was placed on probation after a jury found her guilty of carjacking, false imprisonment, unlawful driving or taking of a vehicle, and child endangerment. On appeal, she contends her convictions must be reversed because she is a transgender woman and one of the juror…
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P. v. Young CA4/1
Tammie R. Young was arrested and charged with various drug offenses in three different cases, including three counts of possession of a controlled substance (Health & Saf. Code, § 11377) and three counts of possession of drug paraphernalia (§ 11364). The court consolidated the ca…
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P. v. Makboul CA4/2
I. A jury convicted defendant and appellant Makboul Ahmed Makboul of one count of stalking (Pen. Code, § 649.9, subd. (a); count 1) and three counts of intentionally
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P. v. Luque CA4/2
Defendant and appellant Roberto Gonzalez Luque appeals from an order of the Riverside County Superior Court correcting the abstract of his judgment. We will dismiss the appeal because it is taken from an order that is not appealable.
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P. v. Navar CA5
-ooOoo- Defendant Giovanni Tapia Navar (defendant) was convicted of several crimes arising from a physical altercation with his girlfriend while driving home from a party. He argues on appeal that he was improperly subjected to a special finding under Penal Code section 136.1, su…
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P. v. Pedraza CA4/3
(See Chapman v. California (1967) 386 U.S. 18 (Chapman).) We disagree. We find substantial evidence to support the gang allegation and the gang-murder special circumstance, but that is not the same as finding that an instructional error is harmless beyond a reasonable doubt. (See…