California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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In re Marcus C. CA5
Oct 4, 2022
Two-year-old Marcus and one-year-old A.C. were removed from the custody of their mother in December 2018 because she was a substance abuser and failed to supervise and properly care for them. Law enforcement found the children several times playing along the highway unattended an…
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In re S.L. CA5
Oct 4, 2022
In January 2020, law enforcement took then 11-year-old S.L. and his 14-year-old brother, L.L. (the boys), into protective custody and arrested mother for child endangerment after investigating allegations that she used excessive physical force in disciplining them. L.L. disclosed…
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In re Elizabeth C. CA5
Oct 4, 2022
Initial Petition and Detention On January 14, 2020, the Kern County Department of Human Services (department) filed a petition on behalf of one-month-old Elizabeth and her three siblings pursuant to section 300, subdivision (b)(1)–(3) alleging she had suffered, or was at substant…
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P. v. Fields CA5
Oct 4, 2022
Because defendant’s plea was entered pursuant to People v. West, the trial court relied on the police reports in finding a factual basis. The probation officer summarized the facts of a police report in defendant’s case. Defendant was in a sexual relationship with the confidentia…
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P. v. Dunn CA5
Oct 4, 2022
On October 18, 2019, the Madera County District Attorney filed an amended information in case No. MCR063302 charging defendant with assault with a means of force likely to cause great bodily injury (“force-likely assault”) (Pen. Code, § 245, subd. (a)(4); count 1) and misdemeanor…
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In re A.G. CA5
Oct 4, 2022
The present case marks the third round of dependency proceedings for 10-year-old A.G. and six-year-old M.W. In February 2013, mother participated in a voluntary family maintenance case with Fresno County Department of Social Services due to mother’s physical abuse of the children…
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P. v. Mayorga CA5
Oct 4, 2022
On April 2, 2021, at about 12:32 a.m., a sheriff’s deputy observed defendant entering a convenience store. The deputy knew defendant was on probation, and the deputy detained defendant without incident. As the deputy approached defendant’s vehicle, his girlfriend started to cry a…
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P. v. Molina CA5
Oct 4, 2022
On September 15, 2020, Chowchilla police responded to a report that two females were engaged in an altercation. When they arrived, defendant’s sister told a responding officer defendant was barricaded in the garage. After additional officers arrived and convinced defendant to lea…
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P. v. Sousa CA5
Oct 4, 2022
On October 15, 2020, defendant pled no contest to the following counts: In case No. PCF395446, he pled to domestic violence (§ 273.5, subd. (a); count 1), child endangerment (§ 273a, subd. (a); count 3), carrying a concealed dirk or dagger (§ 21320; count 4), and misdemeanor resi…
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P. v. Weathers CA5
Oct 4, 2022
The following statement of facts is derived from the probation officer’s report in Weathers’s underlying criminal case: “On December 23, 1990, at 4:52 a.m. Fresno Police Department officers were dispatched to [a condominium on] Winery Circle [in] Fresno regarding a robbery where …
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P. v. Gallegos CA5
Oct 4, 2022
On December 27, 2019, the Kern County District Attorney filed an information charging defendant with possession of heroin while armed (Health & Saf. Code, § 11370.1, subd. (a); count 1), possession of firearm by a felon (Pen. Code, § 29800, subd. (a)(1); count 2), possession of a…
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P. v. Yang CA5
Oct 4, 2022
Defendant’s wife, Payao, has four younger sisters, L.V., S.V., G.V., and A.V. When Payao’s sisters were elementary, middle and high school age, they would frequently babysit defendant and Payao’s young children. Payao’s youngest sister, A.V., started helping babysit defendant’s c…
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P. v. Castillo CA5
Oct 4, 2022
In an information filed in December 2011, defendant and codefendants Roberto Estrada, Jr., and Miguel Quintero were charged with several Penal Code violations (undesignated statutory references are to the Penal Code): attempted murder (§§ 664, 187, subd. (a); count 1); carjacking…
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P. v. Gonzalez CA5
Oct 4, 2022
A jury convicted petitioner Jose Gonzalez of first degree murder (Pen. Code, § 187, subd. (a), count 1). As to count 1, the jury found true the special circumstance that petitioner committed the murder while engaged in the commission or attempted commission of a robbery (§ 190.2,…
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P. v. Rodriguez CA5
Oct 4, 2022
Defendant Abel Rodriguez, Jr., and his cousin, Pedro Alvarez, were charged with one murder and two attempted murders in connection with a drive-by shooting committed in Modesto in 2009. In 2019, Alvarez testified for the prosecution in exchange for a plea offer of voluntary mansl…
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P. v. Gomez CA5
Oct 4, 2022
In 1996, appellant Alejandro Gomez was convicted by jury of first degree murder with special circumstances, among other offenses. He was 17 years old at the time of the offense. Gomez was sentenced to a prison term of life without the possibility of parole (LWOP). In 2019, follow…
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In re Lilianna G. CA4/2
Oct 4, 2022
The family came to the attention of San Bernardino County Children and Family Services (CFS) in April 2020, when Lilianna was four months old and her half-sister A.G. was seven years old. (A.G. is not a subject of this appeal.) Mother and both children lived with mother’s parents…
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P. v. Martin CA4/2
Oct 4, 2022
Defendant graduated from high school in Corona in 2010 or 2011. After high school, defendant played minor league baseball in Florida. Under his contract, defendant was to receive approximately $860,000 for playing baseball. Defendant played baseball for approximately three season…
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Marriage of Corvese and Pytel CA4/2
Oct 4, 2022
Tamara Corvese and Anthony Pytel were married for 19 years and raised two children together—a son and a daughter, who are now adults. During the marriage, Tamara took care of the children and managed the household while Anthony, the sole income-earner, managed all the financial d…
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P. v. Dunsmore CA4/1
Oct 4, 2022
APPEAL from an order of the Superior Court of San Diego County, Garry G. Haehnle, Judge. Affirmed. Darryl Dunsmore, in pro. per.; and Dawn S. Mortazavi, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 2010, Dar…