CA Unpub Decisions

After a jury could not reach a verdict and the trial court declared a mistrial, the jury in a retrial convicted Sergio Sandoval Guzman of two counts of orally copulating a minor (Pen. Code, § 288a, subd. (b)(1); all further unlabeled statutory references are to the Penal Code unless noted) and one count of committing a lewd act on a child (§ 288, subd. (c)(1)). The trial court sentenced Guzman to a total term of three years and four months in prison. He contends the court erred in failing to dismiss a juror for bias and dishonesty, and he argues the court erred by instructing the jury it could consider other charged sexual offenses, if proven true, as propensity evidence. As we explain, the latter challenge is without merit under binding precedent from our Supreme Court. The evidence also supports the trial court’s discretionary decision not to dismiss the juror. We therefore affirm the judgment.

Defendant Alfred Alexander Hollimon was convicted of child abuse and mayhem. Defendant’s 11 month old daughter, Y.V., was severely burned while defendant was bathing her. While treating Y.V. for her burns, doctors discovered she had suffered multiple recent fractures that were the result of nonaccidental trauma.
Following People v. Anderson (2011) 51 Cal.4th 989 and People v. Jennings (2010) 50 Cal.4th 616, we reject defendant’s argument that the trial court had a sua sponte duty to instruct the jury regarding the defense of accident.

Appellant Frank Solano Mendoza appeals from the order denying his petition for recall of sentence pursuant to Penal Code section 1170.126. Appellant contends the trial court wrongly concluded a prior conviction rendered him ineligible for resentencing. For the reasons set forth below, we affirm.

Appellant Tyrell Collins appeals following his convictions for carrying a concealed, unregistered firearm (Pen. Code, § 25400, subd. (c)(6) [count 1]) ; carrying a loaded firearm without registration (§ 25850, subd. (c)(6) [count 3]); and driving with a suspended or revoked license (Veh. Code, § 14601.5, subd. (a) [count 4]). Appellant contends the trial court wrongly denied his motion to suppress evidence obtained during a search of his vehicle and incorrectly excluded documentary evidence from his trial demonstrating he was using his cell phone at the time of the relevant traffic stop. He contends these errors require reversing his convictions on counts 1 and 3. For the reasons set forth below, we affirm.

A jury found defendant and appellant Raymond Williams guilty of (1) possession of phencyclidine (PCP) for sale (Health & Saf. Code, § 11378.5); (2) two counts of possession of cocaine base for sale (Health & Saf. Code, § 11351.5); (3) possession of a controlled substance for sale (Health & Saf. Code, § 11378); (4) possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)); and (5) possession of ammunition by a felon (Pen. Code, § 30305, subd. (a)(1)).
As to all the foregoing counts, the jury found true the allegation that the crimes were committed with the intent to promote, further, or assist a criminal street gang. (Pen. Code, § 186.22, subd. (b).) The trial court found true the allegations that defendant suffered a prior strike conviction (Pen. Code, § 1170.12, subds. (a)-(d)) and a prior serious felony conviction (Pen. Code, § 667, subd. (a)(1)). The trial court sentenced defendant to prison for a term of 19 years four months.

Plaintiff and appellant Nan Moore (Moore) sued defendants and respondents City of Adelanto (the City), Richard Kerr (Kerr), Jermaine Wright (Wright), and John Woodard, Jr. (Woodard). Moore brought (1) a hostile work environment cause of action; (2) wrongful termination causes of action based upon age and gender discrimination, being a whistleblower, and retaliation; and (3) three causes of action alleging a violation of due process under the California Constitution. The City, Kerr, Wright, and Woodard (collectively, Defendants) filed an anti-SLAPP motion. (Code Civ. Proc., § 425.16; hereinafter, § 425.16.) The trial court granted the motion. Moore contends the trial court erred by granting the motion. We reverse the judgment.

A jury found Shawn Anthony Wynn, Jr. guilty of one count of first degree murder (Pen. Code, § 187, subd. (a)), one count of active participation in a criminal street gang (§ 186.22, subd. (a)), and one count of unlawful possession of a firearm by a felon (§ 29800, subd. (a)(1).) With respect to the murder count, the jury also made true findings that (1) the murder occurred while Wynn was an active participant in a criminal street gang and was committed to further the activities of the criminal street gang (§ 190.2, subd. (a)(22)); (2) the murder was committed for the benefit of, or at the direction of, or in association with a criminal street gang with specific intent to promote, or further or assist in any criminal conduct by gang members; and (3) a principal in the murder personally and intentionally discharged a firearm, causing great bodily injury or death. The trial court found that Wynn incurred a prior strike and a prior serious felony.

Parties have a duty to diligently monitor their case in the superior court, to keep track of relevant dates and—if the clerk has made a docketing error, to notify the court at the first indication of a problem. (Gaines v. Fidelity National Title Ins. Co. (2016) 62 Cal.4th 1081, 1104 (Gaines); Hoffman v. State of California (1985) 171 Cal.App.3d 1100, 1107 (Hoffman).)

This is the second appeal we have considered in this case. The current appeal is from the resentencing which occurred when we remanded the case to the superior court. Perez claims, and the People agree that the trial court erred by imposing a second strike sentence on remand as there was no valid strike prior remaining at the time of resentencing. The parties also agree the court imposed an unauthorized sentence by imposing a 10-year enhancement under Penal Code section 186.22, subdivision (b), where the statute only permits the court to impose a five-year enhancement. Our review of the record indicates the parties are correct about the claimed sentencing errors. We will vacate the sentence and remand the case to the trial court with directions to resentence without the alleged strike prior and to impose no greater term than five years for the section 186.22, subdivision (b) enhancement.

Judgment creditor Crystal Bergstrom appeals from an order denying her motion under Code of Civil Procedure section 708.470, subdivision (c), for entry of judgment against Shirley Campbell and Nabila Samsum, who she asserts wrongfully paid her judgment debtors Donald and Orly Nay (the Nays) to settle this action, in derogation of her judgment lien. We affirm the order as we conclude the court properly denied the motion because Bergstrom has not established the Nays received any money or property subject to Bergstrom's judgment lien.

While being booked at county jail, defendant Corey Tyler Cromer pushed, scratched, and tried to bite and kick two correctional officers. Cromer testified in his defense at trial, claiming he was attacked by multiple officers while complying with Officer Debbie Trevino's instructions during a pat down search. A jury convicted him on count 1 of misdemeanor assault (Pen. Code, § 240), a lesser included offense of assault on a custodial officer (Pen. Code, § 241.1). It also convicted him on count 2 of resisting an executive officer (§ 69), a felony.

Loren Prout filed an inverse condemnation action, alleging Department of Transportation (Caltrans) violated the Fifth Amendment of the United States Constitution in 2010 by physically occupying without compensation a long, narrow strip of Prout’s land fronting State Highway 12, to make highway improvements. The land taken was a 1.31-acre strip, 20 feet wide and about 6,095 feet long. Caltrans cross-complained for breach of contract, promissory estoppel, and specific performance, alleging Prout agreed to dedicate the strip by deed for highway purposes 20 years earlier when he obtained an encroachment permit for a subdivision he was developing. Prout’s subdivision map stated the strip of land fronting Highway 12, shown by hash marks on the map, was “IN THE PROCESS OF BEING DEEDED TO CALTRANS FOR HIGHWAY PURPOSES.” No deed was signed or recorded.

In July 2017, two men were skateboarding at a school. After one of the men did a backflip, James Patrick Johnson threatened to kill him. The two men walked away. Johnson followed and made punching gestures with his arms.
The prosecution charged Johnson with making criminal threats. (Pen. Code, § 422.) Johnson’s attorney declared a doubt as to his competency, and the trial court suspended criminal proceedings. (§ 1368.) When proceedings resumed, the prosecution amended the complaint to add a charge of assault with force likely to cause great bodily injury. (§ 245, subd. (a)(4).) Johnson pled guilty to the assault charge. The court suspended imposition of sentence, and ordered Johnson to serve three years of formal probation.

Defendant and appellant Larod Sharif Jones pled no contest to two counts of assault with a semiautomatic firearm, with a firearm enhancement. In accordance with a negotiated disposition, the trial court sentenced Jones to 16 years in prison. We affirm the judgment.