California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Foster CA1/2
Oct 19, 2022
In 1981, Foster violently lured a woman named Susan whom he met at a bar to his residence and raped her for two and a half hours, while strangling her into a state of unconsciousness multiple times, gouging her body with his fingers, biting her breasts, striking her face and thre…
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P. v. Aragon CA6
Oct 19, 2022
On April 27, 2009, the Monterey County District Attorney filed an amended information against Aragon and three codefendants (Roman Gasca, Samuel Aragon, and Mike Martinez). Aragon was charged with two counts of first degree murder (§ 187, subd. (a); counts 1 & 2), two counts of a…
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P. v. Wilson CA6
Oct 19, 2022
On April 30, 2018, K.H. called 911 to report that Wilson “[s]lammed my hand in the door” as she was “trying to leave, and he got upset.” K.H. stated, “he kicked me and he actually physically pushed me, and then he slammed my hand in the door.” K.H. explained that she was “outside…
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Yach v. Superior Court CA4/3
Oct 19, 2022
On December 16, 2016, petitioner, Johanna Marie Yach, was arraigned out of custody on a misdemeanor complaint alleging hit and run with injury, and hit and run with property damage. Yach entered into a general time waiver until June 25, 2021, and at that time, trial was set for S…
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P. v. Kirkpatrick CA4/3
Oct 19, 2022
Kirkpatrick pleaded guilty to a violation of Penal Code section 646.9, subdivision (b), stalking with a restraining order. He also admitted two prior strike convictions pursuant to Penal Code section 667, subdivisions (d) and (e)(2)(A). Pursuant to the plea agreement, the trial c…
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Rabadi v. Nasrawi CA4/3
Oct 19, 2022
On October 22, 2020, Reem filed a declaratory relief action, seeking a judicial declaration that: (1) she had purchased three life insurance policies issued to her sister Rehab pursuant to a November 22, 2018 Purchase and Sale Agreement (PSA), and (2) her nephew and designee, Kam…
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P. v. Townsend Street Gang CA4/3
Oct 14, 2022
Appellant reiterates his jurisdictional argument, claiming TSG is not a legally cognizable defendant due to the fact it was formed for illegal purposes. Although appellant does not request an end to the OCDA’s injunction program, he contends gang injunctions can only be issued wh…
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S.D. v. Superior Court CA5
Oct 14, 2022
In May 2021, the Fresno County Department of Social Services (department) took then five-year-old Brooklyn, two-year-old B.D. and seven-month-old L.D. into protective custody out of concern for their physical safety. Mother has a significant history of physically abusing her chil…
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J.A. v. County of Madera CA5
Oct 14, 2022
On April 29, 2020, appellants’ relative was shot and killed by a deputy of the Madera County Sheriff’s Office. In June 2020, appellants’ legal counsel made a written CPRA request to County on appellants’ behalf for a variety of materials concerning the relative’s fatal encounter …
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P. v. Jones CA5
Oct 14, 2022
In the underlying case, appellant Stepfon Jones was charged with premeditated murder (Pen. Code, § 187, subd. (a); count 1); assault on a child under age eight resulting in death (§ 273ab, subd. (a); count 2); and felony child endangerment (§ 273a, subd. (a); count 3). In May 201…
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Austin v. City of Taft CA5
Oct 14, 2022
On August 2, 2019, a media outlet published an article stating, inter alia, “Taft Police are investigating a stabbing that occurred somewhere in the city Wednesday evening but they have an uncooperative victim and little information to go on.” Months later, on November 18, 2019, …
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In re B.V. CA4/2
Oct 14, 2022
Minor was removed from her parents’ care and placed with her grandmother. On July 2, 2020, Minor snuck out of her grandmother’s house around 2:00 a.m. and stole her car. Minor was apprehended the next day while driving the vehicle. Minor’s uncle, the car’s registered owner, wante…
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P. v. Nunez CA4/2
Oct 14, 2022
In 2018, defendants and appellants Rodolfo Nunez and Alfredo Rodriquez were tried together before separate juries and found guilty as charged of the first degree premeditated murder of Ofakitonga Kofu on July 10, 2017. (Pen. Code, §§ 187, 189, subd. (a), count 1.) Rodriguez was a…
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P. v. Lopez CA4/2
Oct 14, 2022
Meza was friends with defendant, Daniel Soto and the victim. On May 26, 2016, Meza rented a room in a house on Calle Zafiro in Indio. On that evening the victim and Soto both contacted Meza and said they wanted to come to his house to hang out. Soto wanted to bring some girls wit…
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P. v. Romero CA4/1
Oct 14, 2022
As do the parties, we take the facts from our unpublished 2004 decision affirming Romero’s conviction for attempted murder. (People v. Romero (Mar. 29, 2004, D041395) [nonpub. opn.], review denied June 9, 2004, S124644 (Romero).) (See People v. Lopez (2022) 78 Cal.App.5th 1, 13 […
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P. v. Thompson CA4/1
Oct 14, 2022
APPEAL from an order of the Superior Court of Imperial County, Poli Flores, Jr., Judge. Affirmed. Travis Ray Thompson, in pro. per.; and Nancy J. King, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 2003, Trav…
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P. v. McDavid CA4/1
Oct 14, 2022
Trial. As discussed in Lovejoy, supra, D073477, in 2017, a jury found McDavid guilty of the offenses of conspiracy to commit murder (§§ 182, subd. (a)(1), 187, subd. (a)) (count 1) and premeditated attempted murder (§§ 664, 187, subd. (a), 189) (count 2). The jury also found true…
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J.W. v. Superior Court CA2/5
Oct 14, 2022
On September 9, 2020, the Department filed a petition on behalf of then-one-month-old J.W. pursuant to Welfare and Institutions Code section 300. The petition was preceded by an investigation by the Department, during which father “confirmed” to the Department on August 6, 2020, …
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In re A.P. CA2/5
Oct 14, 2022
Mother and father have two children (born 2011 and 2018). On December 31, 2018, DCFS filed a two-count section 300 petition, requesting the court take jurisdiction over the children. The petition, which was later amended in May 2019, alleged that mother’s mental and emotional pro…
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In re K.R. CA2/1
Oct 14, 2022
On February 9, 2017, DCFS filed a juvenile dependency petition concerning the children under section 300 of the Welfare and Institutions Code. On the same day, the parents appeared in court at a detention hearing and filed Parental Notification of Indian Status forms (Judicial Co…