California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Malik CA1/2
Defendant Latif Taheer Amir Malik’s court-appointed counsel has filed a brief asking this court for an independent review of the record under People v. Wende (1979) 25 Cal.3d 436. Malik was informed of his right to file a supplemental brief, and he has not done so. We have review…
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P. v. Wright CA2/3
‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗ In 2001, a jury convicted Terrell Wright of various offenses, and a court sentenced him to a prison term that included one- year prison priors imposed under Penal Code section 667.5, subdivision (b).1 Wright later sought resentencing under section 117…
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P. v. Foust CA2/5
A jury convicted defendant Carl Foust (defendant) of one count of murder and two counts of attempted murder; the trial court sentenced him to 147 years to life in prison. We are asked to decide whether the trial court erred when it declined defendant’s request to continue the pre…
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P. v. Merritt CA4/2
I. A jury convicted defendant and appellant Travis Sterling Merritt of misdemeanor assault (Pen. Code,1 § 240; count 1), assault with a deadly weapon (§ 245, subd. (a)(1);
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P. v. Olayo CA6
Defendant David Armaro Olayo planned and participated in a residential burglary during which a companion killed a 77-year-old woman. Defendant was convicted by jury of first degree felony murder, robbery, and burglary, with various sentencing enhancements, and was sentenced to 25…
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P. v. Lozano CA6
Defendant Mario Alberto Lozano was found guilty in 2023 of one count of first degree murder, two counts of dissuading a witness, and various special allegations. The jury rejected his heat of passion (provocation) voluntary manslaughter defense. He was sentenced to life without t…
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Lanc v. Movagar CA2/5
Plaintiff Jason Lanc (Plaintiff) appeals from an order summarily adjudicating five of six causes of action Plaintiff brought against his former lawyers in connection with an attorney fee dispute. Plaintiff filed his notice of appeal five months after being served with notice of e…
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In re Anthony R.-F. CA4/3
* * * Defendants S.P. (Mother) and Juan F. (Father) appeal from an order terminating their parental rights to their son Anthony. They assert the juvenile court erred in rejecting the parental-benefit exception to termination and in failing to conduct a proper inquiry of Anthony’s…
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Heil v. Serpik CA2/8
The Legislature enacted Code of Civil Procedure section 425.161 to provide a mechanism for the early dismissal of a civil action deemed to be a strategic lawsuit against public participation (SLAPP) that is brought “primarily to chill the valid exercise of the constitutional righ…
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Sinclaire v. Sacramento Valley Limited Partnership CA3
Plaintiff and appellant Sammi Sinclaire appeals from an order granting defendants’ and respondents’ petition to confirm final arbitration award and enter judgment in confirmation with the final arbitration award. Defendants and respondents were identified in the order as “Sacrame…
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P. v. Brunken CA3
Defendant Lon Michael Brunken plead no contest to misdemeanor vandalism. The trial court placed defendant on probation and ordered him to pay victim restitution in the amount of $3,597.40. On appeal, defendant contends the court abused its discretion in calculating restitution, w…
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P. v. Amos CA1/3
In 1992, a jury convicted Fred Amos and his codefendant, Donald Boston, of multiple offenses, including three special circumstance murders. The judgment was affirmed by a different panel of this court. (People v. Amos et al. (July 22, 1994, A058843) [nonpub. opn.] (Amos I).) The …
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P. v. Ruvalcaba CA4/1
Juan Antonio Ruvalcaba took an 18-pack of beer from a 7-Eleven. When the clerk followed him out of the store, Ruvalcaba pointed a rifle at the clerk and fled with the beer. A jury convicted Ruvalcaba of robbery
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P. v. Myvitte CA2/2
A jury found defendant and appellant Shawn Denfield Myvitte (Myvitte) guilty of first degree murder (Pen. Code, § 187, subd. (a);1 count 1) and possession of a firearm by a felon (§ 29800, subd. (a)(1); count 2). As to the murder, the jury found true firearm allegations within th…
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P. v. White CA2/8
Defendant and appellant Bobby D. White appeals from a writ of habeas corpus. We find the order nonappealable and dismiss the appeal. The People alleged defendant got into a physical altercation with his pregnant neighbor, and then shot her, after she complained about the loud mus…
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P. v. Davis CA2/5
In 2017, the District Attorney for the County of Los Angeles charged defendant and appellant Malik Davis (defendant) with, among other things, 16 counts of residential burglary (Pen. Code,1 § 459) in two cases: Los Angeles Superior Court Case Nos. YA095781 (the 781 case) and YA09…
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P. v. Colvin CA2/8
(§ 1172.1, subd. (a)(1).) Notably, section 1172.1, by its terms, denies a defendant the right to petition the court for recall and resentencing. (Id., subd. (c) [“[a] defendant is not entitled to file a petition seeking relief from the court under this section,” and “[i]f a defen…
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P. v. K.J. CA2/3
‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗ K.J. pled no contest to organized retail grand theft.1 The trial court sentenced her to probation. After completing probation, K.J. petitioned to have the conviction reduced to a misdemeanor under Penal Code section 17, subdivision (b) and expunged un…
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P. v. Almeida CA3
Defendant Helder Bettencourt Almeida and William Pratt were inmates at Deuel Vocational Institution (Deuel). On June 8, 2020, defendant punched Pratt in the head and face more than 20 times. Pratt never fought back. He died approximately two months later from traumatic brain inju…
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P. v. Ornelas CA5
-ooOoo- In 2005, petitioner Juan Marcos Ornelas was convicted of first degree murder, and the jury found true that the murder was committed during the commission or attempted commission of a robbery. He was sentenced to life without the possibility of parole. On March 8, 2023, he…