CA Unpub Decisions

Defendant Mohammed Shamim was convicted following a jury trial of two felonies and five misdemeanors in connection with his involvement in a fight that started in a shopping mall after he hit a teenaged girl in the face. On appeal, he challenges his conviction for misdemeanor vandalism (which was originally charged as a felony). (Pen. Code, 594.) Court conclude that vandalism is a general intent crime, and that defendants conviction was supported by sufficient evidence. Defendant also claims that the trial court erred when it imposed a probation supervision fee without determining his ability to pay the fee. Court affirm the judgment, but order the trial court to correct a clerical error in its minute order with respect to the fee.

In this marital dissolution proceeding, Norman J. Valdez, Jr. (Norman) appeals from the trial courts judgment dividing marital property. Court conclude that the courts rulings are supported by substantial evidence, and affirm the judgment.

Defendant Roderick Smith appeals a judgment entered upon a jury verdict finding him guilty of resisting an executive officer. (Pen. Code, 69.) His sole contention on appeal is that the trial court erred in refusing to allow him to introduce impeachment evidence from an internal investigation of the officers conduct. Court affirm.

Defendant Joshua Justice Hayes appeals a judgment entered upon a plea of guilty to possession of stolen property. His counsel has filed an opening brief raising no issues and asking this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was apprised of his right to file a supplemental brief but did not do so.
The judgment is affirmed.

Appellant M. K. appeals the juvenile courts denial of her petition/motion to be named as the de facto parent of minor A. S. Court conclude that her appeal is moot and dismiss the appeal.

Petitioner Darrell Hunter is incarcerated in the Marin County Jail awaiting retrial on a charge of murdering Ronnie Small in 1997. His earlier conviction was affirmed on appeal in July 2003 (A091583). The conviction was vacated in August 2005, however, after the Marin County Superior Court granted his petition for writ of habeas corpus based on juror misconduct.
Court have reached our decision after notice to all parties that Court might act by issuing a peremptory writ in the first instance.

Paul S. Barnes appeals from the judgment entered following his convictions by jury on two counts of assault on a peace officer with a semiautomatic firearm (Pen. Code, 245, subd. (d)(2)); counts 3 and 4) with, as to each count, personal use of a firearm (Pen. Code, 12022.5, subd. (a), 12022.53, subd. (b)) and on count 5 possession of a firearm by a felon (Pen. Code, 12021, subd. (a)(1)). The court sentenced him to prison for 19 years. Appellant claims the trial court committed trial and sentencing errors. Court affirm the judgment.

A jury convicted appellant, Joseph Alexander Allen, among other offenses, of assault with a firearm, robbery, and possession of illegal drugs for purposes of sale. The jury found true firearm and other allegations related to those offenses. He appeals his conviction to challenge the sufficiency of the evidence to sustain one of the convictions for assault with a firearm. He also asserts numerous claims of sentencing error. Court find certain of his allegations of sentencing error have merit. Court accordingly stay punishment on two counts, partially reverse his sentence on another count and remand for resentencing. Court affirm the judgment of conviction in all other respects.

Christopher Wheeler appeals from the judgment entered following his convictions by jury of possession of cocaine (Health & Saf. Code, 11350, subd. (a)) and count 2 - possession of marijuana for sale (Health & Saf. Code, 11359). The court sentenced him to prison for three years. Appellant claims the trial court committed trial and sentencing errors. Court reverse the judgment and remand the matter with directions.

Defendant and appellant Shawn Myers appeals from the judgment entered following a jury trial that resulted in his convictions for assault with a semiautomatic firearm, shooting at an occupied motor vehicle, and discharging a firearm with gross negligence. Myers was sentenced to a prison term of 16 years. In our original nonpublished opinion, filed May 23, 2006, we ordered Myerss sentence modified to correct the amount of custody credit awarded, and to strike count 6, for grossly negligent discharge of a firearm. Court otherwise affirmed his convictions. (People v. Myers (May 23, 2006, B182762 [nonpub. opn.].)
Court conclude Myerss conviction for grossly negligent discharge of a firearm must be stricken, and order the judgment modified to credit Myers with an additional day of custody credit. In all other respects, Court affirm.

Condalee Morris appeals from the judgment entered following his convictions by jury on two counts of first degree residential robbery (Pen. Code, 211) in concert (Pen. Code, 213, subd. (a)(1)(A)) with personal firearm use (Pen. Code, 12022.53, subd. (b)) (counts 1 & 2), count 6 criminal threats (Pen. Code, 422) with personal firearm use (Pen. Code, 12022.5, subd. (a)(1)), two counts of assault with a firearm (Pen. Code, 245, subd. (a)(2)) with personal firearm use (Pen. Code, 12022.5, subd. (a)(1)) (counts 7 & 9), count 8 possession of a firearm by a felon (Pen. Code, 12021, subd. (a)(1)), and count 10 attempted first degree robbery (Pen. Code, 664, 211) in concert (Pen. Code, 213, subd. (a)(1)(A)) with personal firearm use (Pen. Code, 12022.53, subd. (b)). The court sentenced appellant to prison for 35 years. Appellant contends the trial court committed trial and sentencing errors. Court modify the judgment and, as modified, affirm it with directions.

A jury convicted Alex Gonzalez of attempted murder, during which he personally inflicted great bodily injury causing paralysis and a principal discharged and used a firearm causing great bodily injury (count 1); assault with a firearm, during which he personally inflicted great bodily injury causing paralysis and used a firearm (count 2); and possessing a gun while a felon (count 3). The jury rejected enhancements that (1) the attempted murder was premeditated, and (2) Gonzalez committed all three counts to assist a gang. Gonzalez also admitted two prior felony convictions for which he had served prison terms. Court reject Gonzalezs contentions of error, except contention (V). Court strike the section 12022.53 enhancement on count 1, vacate the sentence for that enhancement, and remand for resentencing. In all other respects Court affirm the judgment.

In a lawsuit filed after an automobile-pedestrian accident, plaintiffs and appellants Elizabeth Vargas and her daughter, Samantha Vargas, (Vargas) obtained a default judgment against defendant and respondent Ernest Hugo Medina. The trial court granted Medinas motion to set aside the default under the courts equitable powers. Vargas appeals, contending that the trial court abused its discretion in finding that Medina had a satisfactory excuse for not defending the original action, in finding that Medina was diligent in moving to set aside the judgment, and in overruling Vargass evidentiary objections to declarations submitted by Medina in support of the motion to set aside judgment. Finding no abuse of discretion by the trial court, Court affirm.

Kidd Zucker, convicted of assault with a deadly weapon or by means of force likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1)) and misdemeanor battery ( 242), appeals his conviction and sentence. He claims that his three year sentence enhancement for inflicting great bodily injury ( 12022.7, subd. (a)) is not supported by sufficient evidence; that the trial court should not have admitted into evidence photos of one of the victims; and that his upper term sentence for the assault must be vacated. Affirmed.