CA Unpub Decisions

Appellant E.J., mother of the minor A.R., appeals from the juvenile court’s order denying her petition for modification. (Welf. & Inst. Code, §§ 388, 395.) During the pendency of this appeal, however, this court affirmed the termination of mother’s parental rights to A.R. (In re A.R. (Sept. 15, 2016, C078891) [nonpub. opn.].) Accordingly, we dismiss this appeal as moot.

Appellant Majestic Zulu appeals from the judgment after his convictions for rape, sodomy, sexual penetration, kidnapping for the purpose of robbery, and first degree robbery. Appellant claims that the trial court’s stated reason for imposing consecutive sentences was not supported by the record and that the sentence for robbery should have been stayed pursuant to Penal Code section 654. We hold that any error in imposing consecutive sentences was harmless and does not warrant remand for resentencing. We agree, however, that the sentence for robbery must be stayed.

Defendants Ivan Vargas and Destiny Martinez were convicted by a jury of several offenses including assault, burglary and vandalism in connection with an altercation at an apartment complex. The two victims, who witnessed an associate of Vargas and Martinez steal a box of strawberries from a traveling vendor’s cart, confronted defendants about that theft, precipitating the attack.
On appeal, Vargas raises the following arguments: (1) there was insufficient evidence to support his conviction for burglary as an aider and abettor of Martinez’s assault on one of the victims, either directly or under the natural and probable consequences doctrine; and (2) a sentencing enhancement based on a prior prison term must be stricken since the underlying offense is subject to being reduced to a misdemeanor pursuant to Proposition 47. Vargas also claims, and the People concede, that his sentence violates Penal Code section 654’s prohibition against multiple punishments.

In August 2010, Israel Soto pleaded guilty to one count of commercial burglary (Pen. Code, § 459), and five related such counts were dismissed. He was sentenced to local custody and probation, which expired in 2013.
In 2016, Soto filed a petition and motion for resentencing of the commercial burglary offense under Proposition 47 (§ 1170.18, Safe Neighborhoods and Schools Act [the Act]). The trial court denied the requests, noting that since the record showed Soto had cashed $5,300 in checks, and the restitution previously ordered was $2,883.50, Soto had not established eligibility for redesignation of the offense as a misdemeanor.

Defendant Alberto Arturo Ruiz was involved in a brawl, in which he knocked down one victim, and then assaulted him and two other victims with his car, before fleeing the scene. Defendant testified his response was because he thought he and his passenger were being threatened by gang members.
A jury convicted defendant of four counts of assault with a deadly weapon upon four different victims. (§§ 245, subd. (a)(1), 667 and 1192.7, subd. (c)(31).) Count 1 specially alleged that defendant inflicted great bodily injury, causing one victim to become comatose due to brain injury. (§ 12022.7, subd. (b).) The court sentenced defendant to an aggregate term of 11 years in prison.
On appeal, defendant argues the trial court prejudicially erred by allowing gang evidence and by not giving an instruction on self-defense on counts 1, 2, and 3. We reject these contentions and affirm the judgment.

Defendant Eric Marcello Perez-Reyes appeals from a two-year prison sentence for active gang participation that was executed when defendant violated the conditions of its suspension. Upon defendant’s timely appeal, we appointed counsel to represent him in this court. Appellate counsel filed a brief stating the case and facts but raising no arguable issues. We notified defendant of his right to submit written argument on his own behalf. Defendant filed a letter raising three issues.
We have reviewed the entire record to determine if there are any arguable appellate issues. (People v. Wende (1979) 25 Cal.3d 436, 440–441.) We address the issues defendant raised in his letter. We also include here a brief description of the facts and procedural history of the case, and the conviction and punishment imposed. (People v. Kelly (2006) 40 Cal.4th 106, 123–124.) Finding no arguable issue, we will affirm the judgment.

An information charged defendant with vehicular manslaughter while intoxicated (count 1; Pen. Code, § 191.5, subd. (a)); driving under the influence of alcohol causing injury (count 2; Veh. Code, § 23153, subd. (a)); and driving with a 0.08 percent blood-alcohol content (BAC) causing injury (count 3; Veh. Code, § 23153, subd. (b)). As to all counts, the information alleged an enhancement for multiple victims (Veh. Code, § 23558); as to counts 2 and 3, the information alleged an enhancement for infliction of great bodily injury (brain injury or paralysis) (§ 12022.7, subd. (b)).
Defendant pleaded guilty in an open plea to all counts and enhancements, with the agreement that section 654 would apply to the Vehicle Code charges. The parties stipulated that the forthcoming probation report would provide the factual basis for the plea.

Alana Dawn Powers entered into a plea agreement in which she agreed to plead guilty (or no contest) to one count of identity theft, admit a prior strike conviction, and admit a prior prison term enhancement for a stipulated prison term of seven years. In exchange, the prosecutor agreed to dismiss numerous other counts, enhancements, and pending cases. Powers pled as agreed, and was sentenced to the agreed-upon term.
After a thorough review of the record, appellate counsel was unable to identify any arguable issues. We agree and affirm the judgment.

Bradley Elmer Nicholson was convicted of first degree residential burglary, second degree burglary of a detached barn used for storage, and attempted taking of a vehicle. He appeals only his conviction for second degree burglary, for which he received a concurrent sentence of three years in prison. As to this conviction, the certified reporter’s transcript reflects a verdict of “not guilty,” while the written verdict form and remainder of the record reflects a verdict of “guilty.” Nicholson argues the verdict reflected in the reporter’s transcript is the jury’s true verdict, and therefore his conviction for second degree burglary must be reversed. The People argue that the reporter’s transcription is in error, and request that we remand the matter to the trial court for a hearing to determine whether the reporter’s transcript is erroneous. We find the reporter’s transcript contains an obvious error and order the trial court to order the court reporter to correc

After a jury trial, defendant Nicole Marie Lee was found guilty on June 9, 2014, of felony child abuse of her three-year-old daughter, Natalynn Miller (Pen. Code, § 273a, subd. (a); count 1), after Lee’s boyfriend, Ryann Lynn Jones, beat Natalynn to death. The jury also found true a special circumstance that defendant committed willful harm resulting in her daughter’s death (§ 12022.95). On July 15, 2014, the trial court sentenced defendant to prison for the midterm of four years on count 1 plus a consecutive term of four years for the special allegation. The court granted total custody credits of six days.

Defendant Ryann Lynn Jones was acquitted of first degree murder of three-year-old Natalynn Miller but was found guilty at the conclusion of a jury trial on December 20, 2013, of second degree murder (Pen. Code, § 187, subd. (a); count 1) and assault causing the death of a child (§ 273ab, subd. (a); count 2). The jury found not true a special circumstance allegation for torture alleged in count 1. On February 19, 2014, the trial court sentenced defendant to prison for a term of 25 years to life for assault causing the death of a child and to a term of 15 years to life for second degree murder, which was stayed pursuant to section 654. The court granted defendant actual custody credits of 1,793 days, conduct credits of 267 days, and total custody credits of 2,060 days. In a subsequent order, the trial court struck defendant’s conduct credits pursuant to section 2933.2.

A jury found Felipe Anthony Garcia guilty of first degree burglary (Pen. Code, § 459; count 1), and delaying a peace officer (§ 148, subd. (a); count 2). Garcia appeals, contending there was insufficient evidence to find him guilty of first degree burglary. We disagree and affirm the judgment.

Yolanda C. Garcia (defendant) appeals following her guilty plea to one count of possession for sale of a controlled substance, methamphetamine (Health & Saf. Code, § 11378), one count of transportation of a controlled substance, methamphetamine (§ 11379, subd. (a)), and various prior conviction allegations. The trial court sentenced defendant to the high term of four years for the count 2 transportation conviction, plus three 3-year enhancement terms pursuant to section 11370.2, subdivision (c) and one
1-year enhancement term pursuant to Penal Code section 667.5, subdivision (b). The court also sentenced defendant to a concurrent term of three years for the count 1 possession conviction. The court imposed various fines and fees and awarded 65 days of presentence custody credit.

Defendant Eric Wayne Crowder appeals from a judgment of conviction entered after a jury trial. He challenges the imposition of four one-year prison term enhancements under Penal Code section 667.5, subdivision (b), for prior felony convictions. At the sentencing hearing, the trial court redesignated three of Crowder’s prior felony convictions as misdemeanors pursuant to Proposition 47, The Safe Neighborhoods and Schools Act (§ 1170.18). The court nevertheless proceeded to impose enhancements for those convictions. As the People concede on appeal, this was an error under our decision in People v. Abdallah (2016) 246 Cal.App.4th 736 (Abdallah). Accordingly, we modify the judgment to strike the three one-year enhancements that were based on Crowder’s prior felony convictions that had been reduced to misdemeanors.