California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Herrera CA2/6
Michael Herrera pleaded guilty to attempted murder in 2015. He petitioned for resentencing under Penal Code1 section 1172.6 around the time of his release on parole. The trial court denied the petition after an evidentiary hearing. On appeal, appellant contends the evidence was i…
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P. v. Martinez CA2/6
Appellant Juan Jesus Martinez appeals a denial of his request for resentencing after the court held a 2025 resentencing hearing. (Pen. Code.1 §§ 1172.1, 1172.75.) In 2007, Appellant was convicted of second-degree murder (§ 187, subd. (a)) with jury true findings that he personall…
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P. v. Urrutia-Barbosa CA2/6
Appellant Hipolito Tenoch Urrutia-Barbosa was convicted of transporting and possessing fentanyl with the intent to sell, possession of a firearm by a felon, and possession of ammunition by a felon. He admitted that he had two prior juvenile convictions that qualified as strikes u…
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P. v. Averill CA1/2
” We will refer to a violation of section 209(a) as “aggravated kidnapping under section 209(a)” or “aggravated kidnapping.” (See People v. Harper (2020) 44 Cal.App.5th 172, 190 (Harper) [section 209(a) describes four types of “ ‘aggravated kidnapping’ ”].) We refer to the victim…
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P. v. Melendez CA1/2
After defendant Aaron Melendez and Tatiana C. ended their relationship in 2021, Melendez smashed the window of Tatiana’s car and later threw a dumbbell through a window of her apartment. In October 2022, Melendez pleaded no contest to misdemeanor vandalism and a restraining order…
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P. v. Ranjbar CA4/1
A San Diego jury convicted Pedram Ranjbar of eight counts of sexual assault and found true allegations that he administered a “controlled substance analog” in the commission of four of the offenses. He challenges the jury’s true findings on two grounds. First, he contends the pro…
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P. v. Norris CA4/1
INTRODUCTION Sirron Norris was convicted in 2009 of two counts of first degree murder and four counts of attempted murder, among other offenses, arising from two separate shootings. He now appeals from the trial court’s order denying his petition for resentencing under Penal Code…
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P. v. Bocanegra CA6
In this case, the trial court denied Paul Dominic Bocanegra’s petition for resentencing under Penal Code section 1172.6 at the prima facie stage on the ground that the record of conviction showed Bocanegra is ineligible for resentencing. (Subsequent undesignated statutory referen…
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P. v. Sangalang CA2/3
Johnny Sangalang appeals from an order denying his petition for resentencing under Penal Code1 section 1172.75. His appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216, and Sangalang filed a supplemental brief. As we now explain, our independent revie…
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P. v. Gomez CA2/7
INTRODUCTION A jury convicted Carlos Mejia Gomez of assault with intent to commit rape or sexual penetration while committing first degree burglary. (Pen. Code, § 220, subd. (b).)1 The trial court sentenced Mejia Gomez to life in prison with the possibility of parole. Mejia Gomez…
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P. v. Anderson CA2/5
****** Jermany Anderson (defendant) appeals from a judgment of conviction following a no contest plea after the denial of his motion to suppress evidence (Pen. Code, § 1538.5, subd. (m)).1 His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende…
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P. v. Joseph CA4/1
Ostertag and Elana Miller, Deputy Attorneys General. Andrew Daniel Joseph appeals the judgment sentencing him to prison after a jury found him guilty of second degree murder and elder abuse likely to produce great bodily harm or death. He contends the evidence introduced at trial…
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P. v. Alverson CA4/2
Defendant and appellant Joe William Alverson, Jr., appeals the trial court’s revocation of probation. Defendant argues on appeal that his due process rights were violated when the trial court revoked his probation without holding a formal hearing on
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P. v. Cedeno CA5
-ooOoo- Defendant David Cedeno was convicted of first degree murder and possession of a firearm by a felon. The jury found the firearm and gang enhancement allegations true. On appeal, he contends the court erred by: (1) admitting gang evidence in the prosecution’s case-in-chief;…
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P. v. Esparza CA4/3
* * * Defendant Javier David Esparza pleaded guilty to attempted murder and later filed a petition for resentencing pursuant to Penal Code section 1172.6.1 The matter proceeded to an evidentiary hearing where the court found it true beyond a reasonable doubt that Esparza remained…
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P. v. Torosian CA2/8
Defendant Rimond Torosian appeals following his convictions for one count of assault with intent to commit sexual penetration by force or fear (Pen. Code, §§ 220, subd. (a)(1), 289) and two counts of sexual battery by restraint (Pen. Code, § 243.4, subd. (a)). (Further unspecifie…
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Marriage of Alegre CA4/1
In 2015, after a 24-year marriage, Jessica Alegre and Joseph Alegre separated and entered a marital settlement agreement (MSA) that required Joseph to pay Jessica certain child and spousal support.1 In 2022, after the parties’ children had all reached the age of majority, Jessica…
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In re P.F. CA5
-ooOoo- P.F. is currently charged with four counts of lewd or lascivious acts against a child 14 years or younger under Penal Code section 288. Because P.F. allegedly committed these acts when he was under 18 years old, a juvenile wardship petition was filed in the Madera County …
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In re N.O. CA1/3
E.R. (mother) appeals the juvenile court’s order declaring her children, N.O., M.O., T.O., and L.O., dependents and removing them from her custody. She argues the orders must be reversed because the Alameda County Social Services Agency (Agency) and the court failed to conduct an…
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In re M.G. CA2/8
Mother M.C. appeals from dispositional orders removing 14-year-old M.G. and six-year-old J.P. from her custody and placing J.P. with J.P.’s father, S.P. Mother contends placement of both children with the maternal grandmother in Georgia under the Interstate Compact on the Placeme…