500 matching results for "ravimor":
From CA Unpub Decisions
Defendant Antawon Stubblefield was arrested after raping and sexually assaulting a 67-year-old woman in her apartment after climbing in through the bedroom window. After his arrest, he admitted the crimes, and DNA testing conducted on biological material collected demonstrated that defendant was the assailant. He was convicted by jury of five counts of forcible rape, forcible oral copulation, forcible penetration by a foreign object, attempted forcible sodomy, and residential burglary, with a true finding that the rape was committed during the commission of a burglary. He then admitted an enhancement relating to the fact he committed the crimes while on his own recognizance in another case. He was sentenced to an indeterminate term of 25 years to life for the rape, and a consecutive determinate term of 11 years for the remaining counts and special allegations. Defendant appealed.
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From CA Unpub Decisions
Pursuant to a plea agreement, in July 2014, defendant and appellant Luis Fernando Contreras pleaded no contest to selling, transporting, or offering to sell cocaine in violation of Health and Safety Code section 11352. In return, defendant was placed on formal probation for a period of 36 months on various terms and conditions, including serving 120 days in county jail on weekends. Approximately 18 months later, in January 2016, defendant filed a motion for early termination of probation and dismissal of his conviction pursuant to Penal Code[1] sections 1203.3 and 1203.4. The People opposed the motion, noting that the trial court lacked discretion and that termination of defendant’s probation after he had only served half of the 36 months would be a serious deviation from the terms of the plea agreement. Following a hearing in March 2016, the trial court agreed with the People and denied defendant’s motion, finding the court did not have jurisdiction to terminate probation earl
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From CA Unpub Decisions
A second amended felony complaint charged defendant and appellant Dayveon Jommone Dockery with (1) three counts of attempted murder under Penal Code[1] sections 664 and 187, subdivision (a), with several firearm enhancements (counts 1-3); (2) three counts of assault with a firearm under section 245, subdivision (a)(2), with firearm allegations (counts 4-6); (3) street terrorism under section 186.22, subdivision (a) (count 7); and two counts of possession of a firearm by a felon under section 29800, subdivision (a)(1) (counts 8-9). The complaint also alleged that defendant committed all of the crimes for the benefit of a criminal street gang, and that he had a prior strike conviction for robbery.
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From CA Unpub Decisions
In 2013, a jury convicted Van Keyshone Rollen of one count of attempting to dissuade a witness (Pen. Code,[1] § 136.1, subd. (b)(1); one count of misdemeanor battery (§ 242) and one count of misdemeanor resisting arrest (§ 148, subd. (a)(1)).
In 2016, Rollen filed a petition in the trial court seeking to have his felony conviction reclassified as a misdemeanor pursuant to Proposition 47 (§ 1170.18; the Safe Neighborhoods and Schools Act). The trial court found that the offense in section 136.1 is not one of the offenses listed in section 1170.18. Accordingly, the court denied the petition. Rollen filed a timely notice of appeal. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), indicating he has not been able to identify any reasonably arguable issues for reversal on appeal. Counsel asks this court to review the record for error as mandated by Wende. We offered Rollen the opportunity to file his own brief |
From CA Unpub Decisions
A petition was filed in the juvenile court alleging that Mohamed F. (the Minor) committed two counts of lewd and lascivious acts upon a child (Pen. Code, § 288, subd. (a)); Welf. & Inst. Code, § 602). Following trial, the juvenile court found the allegations to be true. The Minor was declared a ward of the court and placed on probation in the home of his parents.
The Minor appeals contending the trial court erred in admitting several of the victim's out-of-court statements in evidence pursuant to Evidence Code[1] section 1360. Specifically, the Minor contends the trial court failed to find sufficient foundation to establish reliability of the victim's statements. We disagree. Based upon our review of the record, it is clear the trial court found the victim's statements, in and out of court, to be truthful and credible. The court found the victim, then a four-year-old child, would not have any way to know about the sexual acts she spontaneously describe |
From CA Unpub Decisions
Juan Martinez sued numerous entities seeking to prevent a foreclosure sale of his home based primarily on an alleged invalid assignment and securitization of his secured loan. The court entered judgment against Martinez after sustaining a demurrer without leave to amend on Martinez's second amended complaint against two defendants: CitiMortgage, Inc. and Citibank, N.A. Representing himself, Martinez appeals from this judgment. We affirm.
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From CA Unpub Decisions
A jury convicted Donta Walters of pimping (Pen. Code, § 266h, subd. (a)), and Walters admitted a prison prior (Pen. Code, § 667.5, subd. (b)). The court imposed a five-year prison term.
Walters contends his due process rights were violated because one or more jurors saw him in shackles while he was being transported to and from the courtroom. We determine Walters forfeited this contention because his counsel did not object or ask for a curative instruction. We reject Walters's alternate argument that his counsel provided ineffective assistance by failing to assert a timely objection. |
From CA Unpub Decisions
Kevin Stowe, a former police officer for the City of Escondido (City), appealed the recommendation that his employment be terminated to the Escondido Personnel Board of Review (Board). After conducting over six days of hearings, the Board issued a 30-page decision in which it sustained nine out of the 13 violations found by the police department against Stowe. However, the Board disagreed with the recommended level of discipline, and thus, suggested that Stowe be suspended for 10 days without pay.
The chief of police appealed the Board's decision to the Escondido City Council (Council). The Council ultimately concluded that termination of Stowe's employment was the appropriate discipline. Stowe filed a petition for writ of mandate seeking to overturn the Council's termination decision. The superior court ruled in favor of Stowe, finding that the City's mayor made certain comments that showed actual bias. As such, the superior court granted |
From CA Unpub Decisions
Appointed counsel for defendant Aaron Anthony Davies asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.
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From CA Unpub Decisions
Appointed counsel for defendant Aaron Rosas (also known as Adrian Alavez Quintero) asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We will affirm the judgment.
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From CA Unpub Decisions
Appointed counsel for defendant Brady Lee Strelz asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) We have found no arguable error that would result in a disposition more favorable to defendant, but we will direct the trial court to correct the amended abstract of judgment.
I Defendant’s uncle lived near defendant. On the morning of June 8, 2015, the uncle was walking with his son when defendant approached them. Defendant seemed disoriented, mumbled about snakes in his apartment and blamed the uncle for putting them there. Defendant approached the uncle with a knife. The uncle held up his cane in an effort to defend himself, but defendant grabbed the cane and hit the uncle on the head with it. The uncle fell to the ground and told his son to run. |
From CA Unpub Decisions
Appointed counsel for minor J.A. asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende); see also In re Kevin S. (2003) 113 Cal.App.4th 97, 119 [Wende procedure applies to appeals in juvenile delinquency cases].) Finding no arguable error that would result in a disposition more favorable to minor, we will affirm the orders of the juvenile court.
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From CA Unpub Decisions
Following a group fight at a park, defendant Gilbert I. Saavedra pled no contest to felony mayhem under Penal Code section 203,[1] and was sentenced to 13 years. We have conducted an independent examination of the entire record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), and conclude that no arguable issues exist. We therefore affirm.
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From CA Unpub Decisions
Appellant John Lavell Kendrick appeals following revocation of probation previously granted upon his plea of no contest to driving under the influence of an alcoholic beverage and/or a drug, with admissions he had suffered three prior drunk driving convictions. (Veh. Code, §§ 23152, subds. (a) & (b), 23550, subd. (a), 23550.5, subd. (a).)[1] The court sentenced appellant to two years in the county jail. We affirm.
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