CA Unpub Decisions

Appellant brought this lawsuit against an individual sheriffs deputy, alleging civil rights violations and intentional and negligent infliction of emotional distress during his time in jail. The trial court sustained respondents demurrer without leave to amend, and because we find appellants arguments without legal merit, Court affirm.

A jury found defendant Daniel Corrales Vallarino guilty of two felony counts of first degree residential burglary and misdemeanor possession of burglary tools. Defendant argues the trial court erred by imposing an upper term of imprisonment for one of the burglaries. He challenges the sufficiency of the evidence to support the aggravating factors cited by the court and also contends the imposition of the upper term violated his right to a jury trial enunciated in Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856] (Cunningham). Court affirm.

Appellant brought this case for purported civil rights and state law violations relating to the use of television at the Orange County jail, naming several employees of the Orange County Sheriffs Department as defendants. The trial court sustained their demurrer without further leave to amend. As we find no merit in any of appellants arguments claiming the trial court erred, Court affirm.

On February 20, 2007, the United States Supreme Court issued an order in this case granting certiorari, vacating the judgment, and remanding to this court for further consideration in light of Cunningham v. California (2007) 549 U.S. _ [127 S.Ct. 856, 166 L.Ed.2d 856] (Cunningham).
Pursuant to this mandate, Court recalled the remittitur. Court reexamined our initial opinion in this case (People v. Tewolde (Mar. 21, 2005, A106273) [nonpub. opn.]), which remains on file with this court, and which Court hereby incorporate by reference into this order. The judgment and sentence are affirmed.

A modification decision.

Defendant William D. Carver appeals from a judgment sentencing him to the upper term of three years for possessing methamphetamine. Court affirm.

James M. (Father) appeals from the juvenile courts order identifying adoption as the permanent placement goal for his son, Devon, and directing the Napa County Department of Health and Human Services (Department) to attempt to locate an appropriate adoptive family for Devon. (Welf. & Inst. Code, 366.26, subds. (b)(2), (c)(3).) Father argues that there is insufficient evidence to support the juvenile courts finding that Devon was probably adoptable. Father also contends that the court erred in finding that termination of parental rights would not be detrimental to Devon. Court affirm.

Appellant Scott William Davis appeals from an order revoking his probation, following an admission of violation, and executing a previously suspended prison term. His counsel raises no issues and asks this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436.
Court's independent review of the record reveals no arguable issues. Accordingly, the judgment is affirmed.

Defendant Eric William Olden appeals from a judgment imposing a two-year sentence following his plea of no contest to a charge of driving or taking a vehicle without the owners consent. Defendants attorney has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, requesting our independent review of the record. Defendant has been advised of his right to file a supplemental brief and has not done so. Court find no arguable issue and affirm.

Appellant admitted that he had violated his probation by consuming alcohol and the trial court executed the previously suspended term of three years in state prison.
Appellants counsel has filed an opening brief in which he does not raise any issues on appeal, and requests that we conduct a review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, in order to determine whether there are any arguable issues. Appellant was notified of his right to file a supplementary brief and he has not done so. Court find no arguable issues and affirm the judgment of conviction.

Antonio J., the father of A. J., petitions this court to set aside the juvenile courts order setting a permanent plan hearing pursuant to Welfare and Institutions Code section 366.26. He contends that the court violated section 352 by setting A. J.s dispositional hearing beyond the statutory deadline. Court affirm.

A jury found Anthony Castellanos guilty of one count each of second degree murder, assault with a firearm, and recruiting criminal street gang activity. Personal use allegations were also found true. The trial court sentenced Castellanos to a term of 25 years to life in state prison. He appeals, claiming error in the trial courts denial of his motion to discharge his retained counsel and its denial of his Wheeler motion as well as insufficiency of the evidence, instructional and cumulative error. Court affirm.

Tarrus Marick Lott pleaded no contest to one count of possession for sale of cocaine for which he received a two-year state prison sentence. Lott appeals from an order denying his motion to suppress evidence, contending that the entry into his apartment was not supported by exigent circumstances (Pen. Code, 1538.5). Court affirm.

Defendant David Vincent Carson timely appealed from his convictions for assault by means likely to produce great bodily injury (with an attendant great bodily injury enhancement) and first degree murder (with an attendant enhancement for discharge of a firearm). Defendant was acquitted of mayhem. The court sentenced defendant to 56 years to life. Defendant contends the court erred when it denied his motion to sever the assault case from the murder case. Court affirm.