CA Unpub Decisions

Plaintiff and appellant the People of the State of California appeal the dismissal of a Welfare and Institutions Code section 602 petition (Petition) filed against defendant and respondent A.V. (Minor). In 2014, the Petition was filed against Minor accusing him of two violations of Penal Code section 288, subdivision (a) when he was between 10 and 13 years old. Minor’s counsel declared a doubt as to Minor’s competency; the proceedings were ongoing for four years. In 2018, the juvenile court declared Minor incompetent pursuant to Welfare and Institutions Code section 709 and subsequently dismissed the Petition pursuant to Welfare and Institutions Code section 782.

Richard Ellsworth Abel pleaded guilty to possession of methamphetamine for sale (Health and Saf. Code, § 11378). He also admitted two prior convictions within the meaning of section 11370.2. The parties stipulated to an eight-year split sentence. The change of plea form included a so-called Cruz waiver, which informed Abel that if he did not show up for sentencing his plea would stand but the agreed sentence could be changed.
Abel did not contact the probation officer or appear for sentencing. Abel was sentenced several months later. By the time of sentencing, legislation had rendered the enhancements for the prior convictions invalid. Abel was sentenced to three years in local custody. The court also imposed a consecutive 364-day sentence following the revocation of probation for a separate offense. Prior to his guilty plea, Abel made a request for a Marsden hearing, seeking to replace appointed counsel. Following a hearing, the trial court denied the request.

In two separate cases, Larry Darnell Monroe pleaded guilty to possession of methamphetamine for sale. (Health & Saf. Code, § 11378.) In both cases, he admitted three prior drug-related felony convictions. (§ 11370.2, subd. (c).) In one case (case No. SCN352174), he also admitted a prison prior. (Pen. Code, § 667.5, subd. (b).) In the other (case No. SCN352205), he admitted he committed the charged offense while released on bail. (Pen. Code, § 12022.1, subd. (b).)

A jury convicted Debra Elaine Parker of first degree residential burglary. The trial court placed defendant on probation with various terms and conditions, including that she not knowingly contact the victims and that she stay 500 yards from their residence.
Defendant now challenges the no-contact and stay-away probation condition. But because she failed to object to the probation condition in the trial court, her contention is forfeited on appeal. We will affirm the judgment.

Defendant Brett Christopher Rhodes appeals a judgment entered after his no contest plea to one count of arson in exchange for the dismissal of the remaining three arson counts and a sentence of felony local time in county jail. Defendant argues that while the trial court denied his request for a certificate of probable cause, the court’s statements at sentencing equate to the issuance of a certificate under People v. Holland (1978) 23 Cal.3d 77 (Holland), thus permitting him to challenge on appeal the trial court’s erroneous denial of his request to withdraw his plea.
We disagree and dismiss his appeal.

Elbert Anthony Yarbrough appeals the judgment entered following a court trial in which he was convicted of possessing methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and trespassing on private property (Pen. Code, § 602, subd. (m)). The court also found true allegations that appellant had suffered prior strike and serious felony convictions (§§ 667, subd., (e)(1), 1170, subd. (h)(3)) and had served six prior prison terms (§ 667.5, subd. (b)). The court sentenced appellant to five years and eight months in state prison. Appellant contends the court erred in denying his motion to suppress the methamphetamine found in his possession. We affirm.

In 2016, Samuel Lee Washington pleaded no contest to a charge of felony violation of Penal Code section 21310, carrying a dirk or dagger. The trial court ordered that execution of sentence be suspended and placed Washington on three years of probation. As a condition of probation, the court ordered Washington to serve 180 days in county jail. The court awarded him 38 days of actual custody credit and 38 days of conduct credit, for a total of 76 days.
In 2017, Washington argued with and pushed his girlfriend. When advised he was under arrest for spousal battery (Pen. Code, § 243, subd. (e)(1)), he resisted arrest by going limp and falling to the ground, then struggled with police for 30 minutes, challenged them to fight, spat at them, and attempted to kick out a patrol car window. He was charged with resisting arrest. (Pen. Code, § 148, subd. (a)(1).)

Reginald M. appeals from the juvenile court’s disposition order removing his children, five-year-old Z.M. and 18-month-old D.M., from his physical custody. Reginald argues substantial evidence does not support the juvenile court’s disposition order. We affirm.

Defendant and appellant Howard Shelby, Jr., appeals from his conviction by jury of one count of possession of a controlled substance with a firearm and one count of possession of a firearm by a felon for which he received a three-year state prison sentence. Defendant’s sole contention on appeal is that the prosecutor committed prejudicial misconduct during her cross-examination of him.
We affirm.

Defendant Manuel Perez Inzunza appeals from an order denying his petition under Proposition 36, the Three Strikes Reform Act of 2012 (Pen. Code, § 1170.126), for recall of his sentence imposed for conviction of possession of a firearm by a felon. Inzunza contends the trial court erred in finding he was armed with a firearm during the commission of an offense, and thus ineligible for resentencing. We reject Inzunza’s contention there must be a facilitative nexus between his possession of a firearm and his commission of another offense. We affirm.

After Brock Ray Bunge threatened to kill his ex-girlfriend, he drove to her house and fired a shotgun at her out of his truck’s passenger window while she stood outside. He drove away and parked his truck in the middle of the street at night, at which point another driver hit him. He robbed that driver at gunpoint and pointed his gun at occupants of two other vehicles driving by. He was eventually apprehended while hiding in a hole at his remote desert residence.
Bunge was convicted of 15 counts. On appeal, he challenges only the three counts involving his ex-girlfriend, which charged him with attempted murder (count 1), criminal threats (count 2), and shooting at an inhabited dwelling (count 15). He claims the trial court committed instructional and evidentiary errors, but we find none of his contentions meritorious. We correct an error in the abstract of judgment and affirm.

Andre Terial Love appeals from the judgment after a jury convicted him of five counts of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c)). Love admitted allegations that he suffered three prior strike convictions (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and one prior serious felony conviction (§ 667, subd. (a)), and that he served three prior prison terms (§ 667.5, subd. (b)). The trial court sentenced him to 75 years to life in prison plus 15 years. It awarded him 540 days of actual custody credits and zero days of presentence conduct credits.
Love contends the trial court erred when it: (1) admitted evidence of his 2011 possession of a firearm and “robbery tools” and evidence of a robbery he committed in Florida in 2006, and (2) omitted the former incident from its limiting instruction on how the jury could consider the uncharged crimes evidence.

Christian Bagsby was convicted by a jury of eight offenses arising from sexually assaulting Stephanie D. and Barbi R.; using a child as a hostage to prevent Los Angeles police officers from arresting him as he fled the scene of the sexual assaults; and physically resisting arrest. Specifically, Bagsby was convicted of assault with intent to commit a sexual offense on both Stephanie and Barbi (Pen. Code , § 220, subd. (a)(1)); sexual penetration of Stephanie by a foreign object (§ 289, subd. (a)(1)(A)); attempted sexual penetration of Barbi by a foreign object (§§ 289, subd. (a)(1)(A), & 664); misdemeanor battery of a child (§ 242); resisting an executive officer (§ 69); and two counts of resisting a peace officer (§ 148, subd. (a)(1)).

Robert Ware alleged he was defamed in the workplace by Patricia Jimenez. The trial court sustained the demurrer to the First Amended Complaint without leave to amend, finding the statement at issue was an opinion. Ware appeals; we affirm.