California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Fair CA3
Defendant Joseph Douglas Fair appeals from his Penal Code section 1172.751 resentencing. He argues (1) the trial court abused its discretion in declining to dismiss his firearm enhancements by failing to afford great weight under section 1385, subdivision (c) to the mitigating fa…
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P. v. Lopez CA5
-ooOoo- INTRODUCTION Appellant Francisco Paul Lopez was convicted by jury of attempted murder of M.P. (Pen. Code,1 §§ 664/187, subd. (a), count 1); inflicting corporal injury on a dating partner (§ 273.5, subd. (a), count 3); felon in possession of a firearm (§ 29800, subd. (a)(1…
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P. v. Cooper CA4/1
I. INTRODUCTION A jury found defendant Joan Cooper guilty of robbery (Pen. Code, § 211) after she hit and kicked security guards who tried to stop her from shoplifting from a grocery store. The trial court placed Cooper on two years’ formal probation. On appeal, Cooper contends t…
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P. v. Moran CA4/1
A jury convicted Fabian Moran of transportation of a controlled substance for sale (Health and Saf. Code, § 11379, subd. (a)) and possession of a controlled substance for sale (id. § 11378.) The court sentenced Moran to three years in prison with one year suspended to be served i…
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P. v. Regla CA5
-ooOoo- * Before Hill, P. J., Detjen, J. and Harrell, J. A jury convicted defendant Nicanor Regla of willful failure to register as a sex offender (Pen. Code, § 290, subd. (b)).1 Defendant’s appellate counsel makes no claim of error and requests our independent review of the reco…
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P. v. Alfonso Q. CA1/3
Alfonso Q. appeals from a disposition order in his juvenile wardship proceeding. (Welf. & Inst Code, § 602; statutory references are to this code unless otherwise indicated.) He contends the juvenile court erred by holding him jointly and severally liable for victim restitution. …
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P. v. Guzman CA2/5
Michael Guzman appeals the trial court’s denial of his petition for vacatur of his murder convictions and resentencing pursuant to Penal Code1 section 1172.6 based on the trial court’s finding that Guzman was ineligible for relief as a matter of law. On appeal, this court appoint…
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P. v. Bryant CA4/1
Donald Bryant pleaded guilty to violation of Health and Safety Code section 11352, subdivision (a). Bryant was sentenced to a term of four years in prison with execution of sentence suspended, and he was placed on probation subject to 365 days in custody as a condition of the gra…
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P. v. Rodriguez CA5
-ooOoo- Defendant Jose Guadalupe Garcia Rodriguez was convicted of committing a lewd act upon a child under the age of 14 against two different victims, with a multiple victim circumstance within the meaning of the “One Strike” law. (Pen. Code, §§ 288, subd. (a); 667.61, subd. (j…
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P. v. Doby CA2/7
Randy Doby appeals the superior court’s denial of his Penal Code section 1172.6 petition at the prima facie stage without issuing an order to show cause.1 Doby argues the superior court erred because certain jury instructions at his trial allowed him to be convicted of murder and…
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P. v. Madden CA2/2
Defendant and appellant Jamaal Tyree Madden appeals a judgment resentencing him after we affirmed his criminal convictions but reversed his sentence. On appeal, Madden contends the trial court erroneously denied his request to continue the resentencing hearing. We affirm the judg…
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P. v. Burkhart CA2/7
Harry Burkhart appeals from a judgment of conviction entered after a jury found him guilty of multiple counts of arson and related offenses. After a bifurcated trial on Burkhart’s sanity, the jury found Burkhart was sane when he set the fires. Burkhart’s sole contention on appeal…
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P. v. Rogers CA4/1
Aalim Zaahir Rogers entered into a plea agreement with a stipulated sentence. Rogers entered no contest pleas to assault on a spouse or cohabitant (Pen. Code,1 § 273.5, subd. (a)) and admitted he caused great bodily injury, and child abuse (§ 273a, subd. (a)).
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P. v. Amaya CA4/2
INTRODUCTION A jury convicted defendant and appellant Armando Ruben Amaya of robbery (Pen. Code1, § 211, count 1), burglary (§ 459, count 2) and dissuading a witness (§ 136.1, subd. (b)(1), count 4). The jury also found true the allegation as
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P. v. Tyler CA5
-ooOoo- INTRODUCTION A jury convicted defendant Joey Michael Tyler of second degree robbery (Pen. Code,1 § 211; count 1), assault with a deadly weapon (§ 245, subd. (a)(1); count 2), felony receiving stolen property (§ 496, subd. (a); count 3), and misdemeanor receiving stolen pr…
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P. v. Owens CA4/2
We accept the Attorney General’s concession on the issue of custody credits and therefore remand the matter with directions for the court to determine the number of days that defendant has spent in actual custody. In all other respects, we affirm.
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P. v. Hernandez CA5
-ooOoo- INTRODUCTION In 2021, 22-year-old defendant Joe Samuel Hernandez, Jr. was arrested and charged with one count of attempted murder after he shot the driver of a delivery truck from the passenger seat of the car he was riding in. In 2023, a jury convicted defendant of attem…
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Moussazadeh v. Integrative Surgical Associates Group CA2/7
Affirmed; dismissed. Novian & Novian, Farhad Novian and Andrew B. Goodman for Cross-complainants and Appellants. Blank Rome, Arash Beral, Saam Takaloo, and Ryan Coy for Cross-defendants and Respondents. INTRODUCTION
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Marriage of Alami and Nouri CA4/3
1 Siamak Rezanouri appeals from the default judgment entered in this marriage dissolution action. Rezanouri asserts the trial court erred by not setting aside the default under Code of Civil Procedure section 473, subdivision (b), and on other grounds. We conclude Rezanouri’s arg…
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Kyles v. Vista Pacifica Enterprises CA4/1
Anita Kyles was groped and punched by a patient at the locked institute for mental disease where she worked. She sued her employer, Vista Pacifica Enterprises, Inc., for, among other things, sexual harassment and failure to prevent harassment under the California Fair Employment …