California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Lee CA2/2
Defendant Brandon Lavelle Lee appeals from his judgment of conviction, arguing substantial evidence does not support a finding that his 2003 conviction for negligent discharge of a firearm qualified as a strike within the meaning of the “Three Strikes” law (Pen. Code,1 §§ 667, su…
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P. v. Williams CA2/2
While facing 21 residential burglary charges and a lengthy sentence under the Three Strikes Law, Selwyn Dwight Williams sought pretrial mental health diversion under Penal Code section 1001.36.1 The trial court found that Williams is eligible and suitable for diversion but denied…
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P. v. Duarte CA2/2
Christian Duarte was convicted of both carjacking and kidnapping for the purpose of carjacking for the same incident. He argues that the carjacking conviction must be reversed because it is a lesser included offense. We agree and reverse the carjacking conviction.
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P. v. Jimenez CA2/2
THE COURT: Alex Jimenez appeals the denial of his petition for resentencing under section 1172.6.1 His appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) identifying no issues, and appellant then filed a supplemental brief. The trial cou…
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P. v. Blowers CA3
Defendant Kyle Steven Blowers pled no contest to committing two lewd acts on his girlfriend’s child (victim). He entered this plea in exchange for probation or up to eight years in prison. The trial court denied defendant’s request for probation and sentenced him to eight years i…
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P. v. Pazpadilla CA4/2
Defendant and appellant Dionisio Gerardo PazPadilla appeals from the judgment entered against him by the Riverside County Superior Court. His sole contention is his admission of a strike prior must be reversed because he did not voluntarily and
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P. v. Niz CA2/4
INTRODUCTION In 2025, the trial court recalled defendant Ralph Jesse Niz’s sentence pursuant to Penal Code section 1172.75,1 struck a one-year prior prison term enhancement (§ 667.5, subd. (b)) and two five-year serious felony enhancements (§ 667, subd. (a)) and resentenced him t…
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P. v. Kelly CA2/5
I. INTRODUCTION Defendant Darryl Kelly appeals from his convictions for injuring a person with whom he was in a dating relationship, assault with a deadly weapon, and robbery. He argues his robbery conviction was not supported by sufficient evidence and the sentence on his assaul…
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P. v. Lara CA2/4
INTRODUCTION In this juvenile resentencing appeal, the defendant invokes People v. Heard (2022) 83 Cal.App.5th 608 (Heard). Heard and its reasoning is likely to be addressed by our Supreme Court in People v. Munoz (2025) 110 Cal.App.5th 499, review granted June 25, 2025, S290828 …
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P. v. Rosales CA2/8
Jose Martin Rosales claims we must reverse his conviction for soliciting a minor because the trial court erroneously refused to instruct the jury on entrapment. No instruction was warranted. Rosales doggedly pursued the chance to have sex with someone he believed was 16. The requ…
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P. v. Brown CA2/5
I. INTRODUCTION Defendant Rodney Brown appeals from the trial court’s denial of his Penal Code section 1172.6 petition.1 He contends the trial court erred by admitting his parole hearing testimony at his evidentiary hearing. We affirm.
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P. v. Herrera CA2/3
‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗ The trial court resentenced Roberto Herrera under Penal Code section 1172.75.1 On appeal, Herrera contends the trial court abused its discretion by failing to consider the length of his sentence and future dangerousness in determining that the dismiss…
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P. v. Willingham-Kennedy CA2/8
Defendant and appellant Tyonna Willingham-Kennedy was charged with one count of murder (Pen. Code, § 187, subd. (a);1 count 1) and one count of kidnapping (§ 209; count 2). It was alleged the murder was committed during the commission of a robbery within the meaning of section 19…
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P. v. Palmer CA4/1
During a five-week surveillance operation of a convenience store, law enforcement recorded Frederick Joseph Palmer conducting several apparent hand-to-hand drug transactions. Four of his buyers were stopped by law enforcement after the transactions were complete, and two were fou…
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P. v. Broadey CA4/1
A jury convicted Dequan Oneal Broadey in 2024 of making a criminal threat and the trial court found true he had previously been convicted of an offense qualifying as a strike prior and a serious felony. He was sentenced to seven years and eight months in prison. He now challenges…
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P. v. Simpson CA5
-ooOoo- * Before Franson, A.P.J., Snauffer, J., and DeSantos, J. INTRODUCTION Appellant and defendant Gregory Lerone Simpson (appellant) pleaded no contest to two felony charges and admitted a firearm enhancement, and was sentenced to the stipulated aggregate term of 29 years in …
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P. v. Herrera CA4/3
Defendant Kevin Ivan Herrera was convicted of first degree murder based on surveillance videos that show him fatally stabbing a man on a street in Santa Ana. On appeal, Herrera contends: (1) the trial court erred by admitting the surveillance videos into evidence and allowing pol…
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Oliva v. Los Cerritos Center CA2/2
Appellant Amelia Yolanda Nueva Oliva slipped and fell in Los Cerritos Center (LCC). A unanimous jury rejected her claims against LCC’s owner, management company, and cleaning company, finding they were not negligent.1 The trial court did not abuse its discretion by denying Oliva’…
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Nunez v. NorCal Dale Partners CA5
-ooOoo- This consolidated appeal concerns the enforceability of an arbitration agreement between an employer and an employee. The parties agreed to resolve any legal disputes arising between them by arbitration rather than civil litigation. It was further agreed that all disputes…
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Muldrow v. Ladera Crest Homeowners Assn. CA2/8
Donnie Muldrow appeals after losing a bench trial and a jury trial. He challenges the exclusion of an expert, the trial court’s statement of decision, the nonsuit of one claim, and jury instructions. We affirm because Muldrow fails to establish reversible error. Undesignated stat…