California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Villa CA5
-ooOoo- * Before Levy, Acting P. J., Harrell, J. and Guerra, J. INTRODUCTION Appellant and defendant Luis Martinez Villa (appellant) pleaded no contest to felony grand theft and was placed on probation. He committed additional theft offenses while on probation. After he was convi…
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P. v. Titman CA1/2
Shane Paul Daniel Titman appeals from a judgment of conviction after pleading no contest to four felonies and one misdemeanor in one case (docket No. 24CR09310) as part of a “global resolution” involving seven separate criminal dockets.1 After accepting Titman’s plea and the stip…
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P. v. Allen CA3
Defendant Bryce James Allen contends the trial court prejudicially erred when it sentenced him to an upper term sentence without affording him a jury trial on aggravating factors. The People assert the appeal should be dismissed because defendant failed to obtain a certificate of…
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P. v. Russ CA3
After defendant Christopher Glenn Russ pled guilty to possession of child pornography and admitted a prior strike conviction, he was sentenced to four years in prison. He now claims the trial court abused its discretion when it failed to dismiss the prior strike conviction. He fu…
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P. v. Hayes CA4/1
A jury convicted Michael David Hayes of one count of elder abuse (Pen. Code, § 368, subd. (b)(1)) and found Hayes inflicted great bodily injury (§ 12022.7, subd. (c)). He was also convicted of false imprisonment by force or threat of force or menace (§§ 236/237, subd. (a)). The c…
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P. v. Ayala CA4/1
We disagree and strike the no-contact and stay-away orders because the trial court lacked authority to issue them and otherwise affirm the judgment. In December 2023, a Home Depot asset protection investigator was on the lookout for Ayala when he saw him enter the store. The inve…
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P. v. Raby CA6
Defendant Keith Charles Raby appeals from a judgment entered after conviction following a no contest plea. Appointed counsel for Raby filed a brief asking this court to review the record to determine whether there are any arguable issues. (See People v. Wende (1979) 25 Cal.3d 436…
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P. v. Terry CA1/3
In 2024, defendant Jimmy Lee Terry, Jr., received a full resentencing due to the invalidity of one-year prior prison term enhancements that were imposed before January 1, 2020. On appeal, Terry advances several challenges to his resentencing. We agree the trial court erred in imp…
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P. v. Harris CA3
Defendant Kailin Harris appeals a judgment entered after a jury found him guilty of several offenses including murder with special circumstances and a gun enhancement. He contends the trial court erred in: (1) denying his motion to suppress evidence obtained in violation of his c…
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P. v. Ramos CA6
In 2016, defendant Victor Ramos pled no contest to various charges in two separate cases (Case Nos. SS150446A and SS150594A), including second degree murder (Pen. Code, § 187, subd. (a))1, attempted murder (§ § 664, 187, subd. (a)), street terrorism (§ 186.22, subd. (b)(1)(a)), a…
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P. v. Hart CA6
Defendant Kevin Durran Hart appeals a judgment entered after a jury found him guilty of first degree murder (Pen. Code,1 § 187, subd. (a), 189). Appointed appellate counsel for Hart filed a brief asking this court to review the record to determine whether there are any arguable i…
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P. v. Garcia CA6
We will order the abstracts of judgment and minute order corrected to reflect Garcia’s 10,161 additional days of actual credit and the trial court’s waiver of the restitution and parole revocation fees. (People v. Mitchell (2001) 26 Cal.4th 181, 185 (Mitchell).) At the original s…
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P. v. Norton CA2/8
INTRODUCTION A jury convicted defendant Willie Norton of one count of carjacking. On appeal, Norton argues: (1) the People failed to prove the force or fear and intent to deprive elements of carjacking; and (2) the trial court prejudicially erred when it did not instruct the jury…
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P. v. Prince CA2/7
INTRODUCTION Thomas Ravon Prince was convicted of first degree murder with findings that the murder was committed in the commission of a robbery and that Prince personally used a firearm during both offences. The trial court sentenced Prince to life without the possibility of par…
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P. v. Dominique CA2/2
Defendant Geral Dominique was convicted by a jury of assault with force likely to produce great bodily injury (GBI assault; Pen. Code, § 245, subd. (a)(4)).1 He now appeals on the sole basis that the trial court failed to instruct the jury, sua sponte, on the lesser included offe…
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P. v. Usilton CA5
-ooOoo- * Before Franson, Acting P. J., Meehan, J. and Snauffer, J. INTRODUCTION Appellant and defendant William Beck Usilton, III (defendant) “spent an evening drinking at a bar with Cody Sorensen, who regularly visited defendant at his apartment and stayed overnight. A few hour…
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Lofts on L Street v. Clippinger CA4/3
* * * In 2012, Robert Clippinger through his company Clippinger Investment Properties, Inc. (CIP) solicited millions of dollars from real estate investors in order to purchase and develop a mixed condominium and commercial site. The investors received either Class A or B membersh…
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Linsao v. First Am. Property & Casualty Ins. Co. CA2/1
Appellants James Linsao, Brian Walters, John Linsao, and Maura Linsao, challenge a summary judgment in favor of respondent First American Property & Casualty Insurance Company (First American) in appellants’ lawsuit against First American. That lawsuit asserts breach of contract,…
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Kowalski v. 220 San Vicente Holdings CA2/4
Cross-defendant 220 San Vicente Holdings, LLC (San Vicente) appeals from the trial court’s order denying its special motion to strike the cross-complaint filed by Laura Kowalski pursuant to the anti-SLAPP statute, Code of Civil Procedure section 425.161. In its opening brief, San…
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Kirkland v. Beeck CA5
-ooOoo- This appeal stems from a long-running trust matter, which was first initiated in March 2012. The instant appeal arises out of a dispute between appellant Sue Ann Beeck and her cousin, respondent Kenneth Gordon Kirkland. Beeck, both the trustee and a beneficiary of the In …