California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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In re Ko.M. CA2/3
Mother challenges the juvenile court’s jurisdictional findings and dispositional order declaring her five children dependents of the juvenile court—primarily based on mother’s drug abuse—and removing them from her care. Mother contends the children weren’t at risk of harm because…
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Huang v. Pabianova CA2/2
This is the fourth time an appeal arising from a former husband and wife’s dissolution of marriage has come before us. Representing herself, wife appeals from the judgment, challenging the family court’s postjudgment orders (1) imposing monetary sanctions against her under Family…
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Goldwater v. Mena CA4/1
Jason Goldwater appeals from an order denying his request for a civil harassment restraining order (CHRO) protecting him from Raphael Francisco Mena and granting Mena’s request for a CHRO protecting him from Goldwater. The sole issue in this appeal is whether the trial court erre…
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GMG Development v. Riddell CA2/1
Appellant GMG Development LLC entered a purchase agreement with respondents Jeffrey Riddell and Katrina Riddell, whereby GMG was to buy a plot of vacant land from the Riddells. The purchase agreement provided that the prevailing party in any lawsuit between the parties would be e…
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City of Long Beach v. Long Beach Civil Service Com. CA2/1
The City of Long Beach (the City) appeals from a judgment denying its petition for a writ of administrative mandamus under Code of Civil Procedure section 1094.5.1 The City dismissed Long Beach Police Department (LBPD) Officer Dedier Reyes from his employment after finding that R…
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P. v. Block CA4/1
Carl Edward Block entered into a plea agreement in which he pleaded guilty to one count of criminal threats (Pen. Code,1 § 422) and one count of evading a peace officer (Veh. Code, § 2800.2, subd. (a)). The parties stipulated Block would receive a two-year eight-month sentence wi…
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P. v. George CA4/1
Joshua Alan George was charged with one count of assault with force likely to cause great bodily injury (Pen. Code,1 § 245, subd. (a)(4)). The information also alleged four prior felony convictions and a prior strike. No aggravating circumstances were alleged.
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P. v. Garcia CA4/1
A jury convicted David Garcia of criminal threats (Pen. Code1 § 422). The court sentenced Garcia to the low term of one year four months in prison. Garcia filed a timely notice of appeal. 1 All statutory references are to the Penal Code. Appellate counsel has filed a brief under …
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P. v. Thomas CA1/4
9, but argued that this court lacked jurisdiction to consider his claim because the order denying relief under section 1172.75 is not an appealable order. After briefing was complete, in response to Thomas’s request, we appointed replacement counsel. In his supplemental briefing,…
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P. v. Hernandez CA2/3
‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗ In 2015, a jury convicted Leobardo Hernandez of the first degree murder of Juan Frias. The conviction was reversed on appeal due to instructional error. On remand, the People declined to retry Hernandez. The trial court reduced the conviction to secon…
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P. v. Shaw CA2/3
A jury convicted Jibril Shaw of murder and attempted premeditated murder. At his trial, the court admitted Shaw’s Instagram records, including posts by users unidentified by their real names. On appeal, Shaw contends that while his own posts were admissible, posts by unidentified…
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P. v. Malveaux CA2/4
Defendant Shannon Malveaux appeals from judgment following his conviction for making criminal threats against Alfonso Barron, the boyfriend of a woman defendant was stalking. Defendant contends the record is insufficient to support the finding his threats placed Barron in “sustai…
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P. v. Gonzalez CA2/4
(People v. Gonzalez (2016) 246 Cal.App.4th 1358.) We derive the following facts from the opinion and record in that appeal. No new evidence was introduced at the evidentiary hearing (§ 1172.6, subd. (d)(1)).
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P. v. Hernandez CA2/3
A jury convicted defendant and appellant Armando Hernandez of the second degree murder of 16-year-old Giovanny Mancia. More than a decade later, Hernandez filed a petition for resentencing under Penal Code section 1172.6.1 The court summarily denied the petition on the ground Her…
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P. v. Allbright CA2/1
Joseph Allbright appeals from a judgment entered after he pleaded no contest to, among other charges, possession of methamphetamine that a police officer saw in plain view inside Allbright’s truck during a traffic stop. Allbright argues that the trial court erred by denying his m…
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P. v. Mendez CA2/8
Jose Mendez appeals from an order denying his petition for homicide resentencing. (Pen. Code, § 1172.6.) We affirm. In 1993, Mendez pleaded guilty to first degree murder and attempted murder without premeditation. (Pen. Code, §§ 187, 664.) Years later, in 2024, Mendez filed a che…
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P. v. Ambriz-Tinajero CA1/5
Defendant Julio Ambriz-Tinajero appeals a judgment following a jury trial in which he was convicted of multiple sex crimes against his stepdaughter, K.B.M., who was 14 years old at the time. The trial court sentenced him to 15 years 4 months in state prison. Ambriz-Tinajero conte…
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P. v. Ross CA2/1
Defendant Keith E. Ross appeals from the denial of his resentencing petition under Penal Code1 former section 1170.95, now numbered 1172.6. Defendant contends substantial evidence does not support the resentencing court’s finding that he was a major participant in a robbery and a…
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P. v. Montoya CA5
-ooOoo- * Before Detjen, Acting P. J., Snauffer, J. and DeSantos, J. I. INTRODUCTION Defendant Angel Amado Montoya (defendant) pled no contest to carrying a loaded, unregistered firearm in a public place and was placed on probation with various conditions, including that he submi…
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P. v. Neece CA4/2
In 2013 Brandon Neece pled guilty to second degree murder and first degree burglary. In 2022, Neece filed a petition to vacate his conviction and be resentenced under Penal Code section 1172.6.1 The court summarily denied the petition. We