CA Unpub Decisions

Appellant appeals from the judgment entered in favor of respondent., after its motion for summary judgment was granted. Court affirm.

Following a jury trial, appellant was convicted of the first degree murder of his wife. At the trial, he admitted that he killed her, but maintained that the crime was manslaughter, because he had an outburst of rage due to provocative words appellant said during an argument. Appellant has no prior criminal record. Appellant was sentenced to prison for 25 years to life. On appeal, he contends: (1) There was insufficient evidence that he had the requisite mental state for first degree murder. (2) The trial court erred in its rulings about an untranscribed portion of his statement to the police. (3) The trial court should not have permitted the police detective who interrogated appellant to give a paraphrased summary of what he said.
The facts of this case are tragic. Court conclude, however, that appellant had a fair trial, free of prejudicial error. Court therefore affirm his conviction.

A jury convicted appellant of one count of second degree murder in violation of Penal Code section 187, subdivision (a). The jury found true the allegation that appellant personally and intentionally discharged a firearm, causing death within the meaning of section 12022.53, subdivision (d). The trial court sentenced appellant to 40 years to life in prison, consisting of 15 years for the murder and 25 years for the firearm-use enhancement.
Appellant appeals on the ground that he was deprived of his constitutional right to effective assistance of counsel when counsel failed to request instructions advising the jury that evidence of the victim's antecedent acts of violence was justification for appellant to react more quickly and harshly.

Defendants appeal the order vacating the judgment and the order denying the motion for reconsideration. Court affirm both orders. The trial court did not abuse its discretion.

Appellant seeks review and reversal of a trial court order that calculated child support arrearages owed by respondent on the basis of a prior order which set the amount of child support at $500 per month. Appellant has failed to furnish us with a record that proves respondent had a greater monthly child support obligation. Court therefore affirm the judgment.

Following a dispositional hearing, the juvenile court continued appellant as a ward of the court and committed him to the California Youth Authority (CYA) for a maximum term of eight years and four months.

Following a jury trial defendant was convicted of petty theft with a prior conviction. Appellant was sentenced to a two year term in state prison, ordered to reimburse the county for reasonable costs of his appointed counsel, and pay a $200 fee for the collection of DNA samples from him, along with other fees and fines. In this appeal appellant argues that the order for reimbursement of attorney fees was improper without notice and a hearing, and imposition of fee for DNA collection was unauthorized by statute. Court agree and strike the orders.

A criminal law decision regarding felony hit and run driving and to causing injury to another while driving under the influence of alcohol and drugs with prior convictions for reckless driving and drunk driving.

In this appeal, appellant challenges rulings in two cases consolidated in the trial court. Appellant contends it was error for the trial court to grant summary judgment in favor of respondents on their claim for unpaid attorney fees, and to grant their motion to dismiss appellant's claim of legal malpractice. Court affirm the summary judgment, and reverse the dismissal of appellant's legal malpractice action.

Appellant entered a plea of no contest to charges of first and second degree burglary, grand theft, and theft from an elder or dependent person. Appellant also admitted he has three prior felonies, he knew his victim was over 65 years old, and he committed the current offenses while on bail. Appellant was convicted and sentenced to an aggregate term of 16 years in state prison. Appellant appeals, and asks this court, pursuant to People v. Wende (1979) 25 Cal.3d 436, to examine the record and determine if it reveals any issues that deserve further briefing. Court done so, find none, and affirm the judgment.

Appellant appeals from a juvenile court order denying her Welfare and Institutions Code section 388 petition and terminating her parental rights to her son. Appellant contends that the court abused its discretion in denying her section 388 petition for modification because appellant had successfully established a change of circumstances. Court reject this contention and affirm the trial court's order.

Minor appeals from the juvenile court's dispositional order committing him to CYA for a total term of 32 years to life for the felony murder and robbery of 17 year old child at the Pittsburg Marina in Pittsburg, California. Court affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.

Appellant appeals from a judgment entered after a jury convicted him of attempted murder, and assault with a firearm. Appellant contends his conviction must be reversed because the prosecutor committed misconduct during final argument. Court reject this argument and affirm.

Appellants appeal the trial court's order awarding sanctions for discovery abuse in favor of respondents in the amount of $2,500. In the same order, the trial court also awarded sanctions for discovery abuse against appellants' attorneys, in the amount of $25,000. Court affirm.