CA Unpub Decisions

A decision regarding misdemeanor counts of vandalism, and possessed tools with intent to vandalize, a misdemeanor.

A jury found defendant and appellant guilty of committing corporal injury to a spouse, in violation of Penal Code section 273.5, subdivision (a). The trial court sentenced defendant to the upper term of four years. Defendant's sole contention on appeal is that the imposition of the upper term deprived him of his federal and state constitutional rights to a jury trial and due process under Blakely v. Washington (2004) 542 U.S. 296. Court reject this contention and affirm the judgment.

A juvenile dependency petition under section 300 of the Welfare and Institutions Code.

A criminal law decision regarding murder, carjacking, criminal threats, evading a police officer causing death, attempted robbery, robbery, resisting an officer and assault with a semiautomatic firearm.

The probation of defendant and appellant was terminated after the trial court found that defendant violated a probation condition. The trial court sentenced defendant to the upper term. Defendant's sole contention on appeal is that the imposition of the upper term deprived him of his federal and state constitutional rights to a jury trial and due process under Blakely v. Washington (2004) 542 U.S. Court reject this contention and affirm the judgment.

Father appeals orders declaring his minor children, the minors dependents of the juvenile court under Welfare and Institutions Code section 300, subdivision (b), and removing them from his custody under section 361, subdivision (c)(1). Father challenges the sufficiency of the evidence to support the court's jurisdictional and dispositional findings.

Mother appeals orders adjudicating her seven year old daughter, a dependent of the juvenile court under Welfare and Institutions Code section 300, subdivisions (a) and (g) and removing the child from Mother's custody. Mother contends the evidence was insufficient to support these jurisdictional and dispositional orders.

APPEAL from a judgment of the Superior Court of San Diego County, Judge.
Appellant appeals a judgment terminating her parental rights to her minor daughter, under Welfare and Institutions Code section 366.26. Appellant contends the court erred by denying her section 388 petition for modification seeking to have minor returned to her custody. Court affirm.

Appellant appeals orders adjudicating his four year old daughter, a dependent of the juvenile court under Welfare and Institutions Code section 300, subdivision (b) and removing the child from appellant's custody. Appellant contends that the evidence was insufficient to support these jurisdictional and dispositional orders and that the court failed to consider less drastic alternatives to removal.

Appellant appeals from a true finding of misdemeanor failure to stop at the scene of an accident, in violation of Vehicle Code section 20001, subdivision (a). Appellant contends that there is insufficient evidence to support a finding that he was involved in the single car accident because there was no physical contact between his car and the other car. Appellant also challenges the sufficiency of the evidence supporting findings that he knew or had constructive knowledge that he was involved in the accident and that the other driver had been injured in the accident. Finally, appellant contends that section 20001 is unconstitutionally vague and/or that it improperly impedes his fundamental right to travel. Court disagree with Appellant's contentions and affirm the judgment of the trial court.

After appellant drove a stolen car and attempted to avoid arrest, defendant entered a negotiated plea of no contest to evading a peace officer while driving in willful or wanton disregard for the safety of persons or property, with the understanding that he would receive the low term prison sentence, which would be doubled if the court found true an allegation he previously committed a carjacking, a strike offense. Thereafter, the court found the strike allegation true, and defendant received an aggregate sentence of 32 months.

On appeal, defendant contends that, after he pled no contest but before trial of his strike offense, he made a Faretta[1] motion to represent himself, which the court erred in denying. We find no error and affirm the judgment.

A decision regarding embezzlement by a public officer. On appeal, defendant contends the award of restitution for the costs of finding the embezzled funds is neither authorized by statute or decisional authority nor supported by substantial evidence. Court affirm the judgment.

A criminal law decision regarding the sale of cocaine base. Appellant moved for discovery under Evidence Code section 1043 from the personnel files of two police officers involved in his arrest and in preparing their arrest report. Appellant's basic contention was that the officers lied in their report. Appellant challenged the officers' account of the events described in report and gave his own version of what happened, thereby making the officers' truthfulness material to the issues in the case. Court conclude the trial court abused its discretion in denying the motion and grant his petition for a writ of mandate.

A criminal law decision regarding possession for sale of methamphetamine and possession of a controlled substance.