California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Austin CA4/3
Oct 21, 2022
In an information, defendant was charged with the attempted deliberate and premeditated murder of L.L. (§§ 187, subd. (a), 664, subd. (a); count 1), attempted kidnapping of L.L. (§§ 207, subd. (a), 664, subd. (a); count 2), stalking (§ 646.9, subd. (a); count 3); assault with a d…
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Mid-Wilshire Health Care Center v. Dr. Leevil CA4/
Oct 21, 2022
We granted a rehearing in this matter because we wanted to give additional consideration to the question of costs on appeal. Having done so, we conclude no changes are warranted. Mid-Wilshire Property, L.P. (Mid-Wilshire), and Mid-Wilshire Health Care Center, appeal from a judgme…
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In re Nadeau CA5
Oct 21, 2022
Petitioner Lawrence Earl Nadeau (also known as Larry Nadeau) is currently in the custody of respondent, the warden of the California Department of Corrections and Rehabilitation (CDCR). Starting in 1998, petitioner began serving an indeterminate prison term following a conviction…
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In re Nadeau CA5
Oct 21, 2022
Petitioner Lawrence Earl Nadeau (also known as Larry Nadeau) is currently in the custody of respondent, the warden of the California Department of Corrections and Rehabilitation (CDCR). Starting in 1998, petitioner began serving an indeterminate prison term following a conviction…
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P. v. Burney CA4/1
Oct 21, 2022
APPEAL from a judgment of the Superior Court of San Diego County, Eugenia Eyherabide, Judge. Remanded with instructions. Lynda A. Romero, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney…
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Howard v. Mills CA4/1
Oct 21, 2022
In July 2020, Carol filed a petition in this case under Probate Code section 17200 seeking an order clarifying the parties’ rights under Andrew’s estate planning documents. We summarize Carol’s allegations as follows. 1. Interested Parties and Estate Planning Documents Andrew mar…
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P. v. Gallegos CA4/1
Oct 21, 2022
Gallegos is Hispanic and since the age of 13 has been a member of El Monte Flores, a Hispanic criminal street gang that “targets” African Americans. Gallegos’s sister, Britney, had been dating Ron for several weeks when Gallegos arrived in town. Gallegos “hated” Ron because he wa…
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Elliott v. Maland CA4/1
Oct 21, 2022
Briggs ran against incumbent City Attorney Mara W. Elliott in the 2020 general election. On August 7, 2020, months before the November 3d general election, Elliott filed a petition for a writ of mandate, naming the San Diego City Clerk and the San Diego County Registrar of Voters…
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P. v. Tyler CA4/1
Oct 21, 2022
APPEAL from a judgment of the Superior Court of San Diego County, Polly H. Shamoon, Judge. Affirmed and remanded with directions. Deanna L. Lopas, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant…
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Marriage of Mackey and Singer-Mackey CA4/1
Oct 21, 2022
On June 8, 2000, Thomas filed a petition for legal separation from Lorin (Super. Ct. San Diego County, 2020, No. D459749). In his sworn petition, Thomas asked the family court to confirm separate property assets and debts, and stated that community and quasi-community assets and …
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P. v. Jones CA3
Oct 21, 2022
While searching defendant’s car, deputy sheriffs found a handgun and ammunition. Defendant had been previously convicted of a felony. The prosecution charged defendant with one count of unlawful possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)) and one count o…
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P. v. Roberson CA3
Oct 21, 2022
A jury found defendant guilty of second degree robbery (Pen. Code, § 211) and found true a firearm enhancement (§ 12022, subd. (a)(1)), a prior serious felony conviction (§ 667, subd. (a)), and three prior prison terms (§ 667.5, subd. (b)). (People v. Roberson (Mar. 17, 2021, C09…
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P. v. Sanchez CA3
Oct 21, 2022
Appointed counsel for defendant filed an opening brief setting forth the facts of the case and asking this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant filed a supplemental brief reprisi…
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P. v. Hom CA3
Oct 21, 2022
Appointed counsel for defendant Kosal Hom 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 defendant,…
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P. v. Fielding CA3
Oct 21, 2022
Defendant pleaded no contest to first degree burglary (§§ 459, 461, subd. (a), Yuba County Super. Ct. case No. CRF20-1377) and taking a vehicle without consent (Veh. Code, § 10851, Yuba County Super. Ct. case No. CRF20-761). For the burglary charge, the parties stipulated that de…
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P. v. Courts CA3
Oct 21, 2022
A January 2021 information, filed after a preliminary hearing, charged defendant with two offenses: possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1); count 1), and unlawful possession of ammunition (§ 30305, subd. (a)(1); count 2). Specifically, the informatio…
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P. v. Needham CA3
Oct 21, 2022
In March 2017, defendant pled no contest to drug possession and identity theft in Butte County and admitted two prior narcotics-related convictions for violating Health and Safety Code sections 11378 and 11383.5. The Butte County Superior Court sentenced defendant to a stipulated…
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Valson v. Dept. of Corrections and Rehabilitation
Oct 21, 2022
Valson filed a complaint against CDCR for conversion, theft, and violation of constitutional rights. He alleged that in September 2019, CDCR unlawfully took his idea called Recreational Experiment Created For Effective Social Success (Recess). He sought recovery of his property a…
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P. v. Reyes CA3
Oct 21, 2022
Defendant was in a dating relationship with A.M. With A.M. as a passenger, defendant drove into the parking lot of an apartment complex in Davis. Seventeen-year-old R.S. and his mother L.D. were in the parking lot and saw defendant and A.M. in the car. Defendant was punching and …
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P. v. Perriera CA3
Oct 19, 2022
Defendant and Virginia Perriera were married and shared a young daughter together. They had a tumultuous, on-again off-again relationship. They lived together in an RV park next to the victim, Darren Jopp. Defendant eventually moved out of the RV park. By July 2018, Virginia was …