CA Unpub Decisions

In superior court case No. SCD177199, Lampkin entered a negotiated guilty plea to transporting more than 28.5 grams of marijuana. ( 11360, subd. (a).) On June 16, 2004, the court suspended imposition of sentence and placed him on three years' probation including a condition he obey all laws. On April 4, 2006, the court formally revoked probation, and it sentenced Lampkin to prison for the three-year middle term for transporting marijuana. The judgment is affirmed.

Emmanuel L. admitted robbery (Pen. Code, 211)while armed with a firearm ( 12022, subd. (a)(1)). The juvenile court declared him a continuing ward. (Welf. & Inst. Code, 602) It committed him to the Division of Juvenile Justice (DJJ) (formerly known as the California Youth Authority (CYA)) and set the maximum term of confinement at seven years six months: the five year upper term for robbery enhanced one year for firearm armament with a consecutive year for a prior robbery true finding (one third the middle term), four months for a prior malicious mischief true finding ( 594, subds. (a)(b)) and two months for a prior falsely identifying himself to a police officer true finding (one third the misdemeanor terms.). The judgment is affirmed.

Kathleen S., the mother of Jeffrey S. and Christian S., appeals the judgments terminating her parental rights under Welfare and Institutions Code section 366.26. Kathleen contends the juvenile court erred by not applying the beneficial parent-child relationship exception to adoption ( 366.26, subd. (c)(1)(A)). Kathleen also contends the court erred by denying her section 388 petition.
The evidence here is sufficient to support the finding that the section 366.26, subdivision (c)(1)(A) exception did not apply.

Martha F. appeals the findings and orders entered at the termination of parental rights hearing held pursuant to Welfare and Institutions Code section 366.26. Citing In re Sade C. (1996) 13 Cal.4th 952, she asks this court to exercise its discretion to review the record for error.
Martha F.'s counsel also requests leave for her to file a supplemental brief in propria persona. The request is denied.The appeal is dismissed.

Defendant and appellant, Ismael Bojorques, appeals from the judgment entered following his conviction, by jury trial, for discharging a firearm at an occupied vehicle, with great bodily injury and firearm use enhancements (Pen. Code, 246, 12022.7, 12202.53). Sentenced to state prison for 30 years to life, Bojorques claims there was trial and sentencing error.
The judgment is affirmed in part and reversed in part.

On the evening of June 27, 2002, defendant Dennis Jimenez was at the home of Jose Ramos engaged in a brief conversation, later described as heated or hostile by family observers. A few hours later, Ramos was shot and killed outside his house. Defendant was eventually charged with murder, although there were no eyewitnesses and no direct evidence. Following his conviction, defendant claims prejudicial trial court errors, including (1) error in jury selection, (2) error in admission of testimony concerning cell phone records, and (3) several evidentiary errors. Court find no errors and affirm the judgment.

Appellant entered into a contract to buy land from respondents Cal Cow et al. for $3,000,000. Unable to meet the financial terms of the contract, respondents notified her that the contract was cancelled. Appellant filed an action for specific performance and then failed to respond to discovery. Respondents filed a motion for summary judgment based on deemed admissions. Appellant did not file opposition to the summary judgment motion; instead, she filed a motion to compel arbitration. The day before the hearings on the motions, Appellant attempted to dismiss the action. The court refused to accept the dismissal, granted respondents' motion for summary judgment and denied Winn's motion to compel arbitration. The court also awarded respondents' attorney fees under the contract. Court affirm and remand for award of attorney fees on appeal.

A jury convicted appellant Thomas Edward Martinez of forcible rape and four counts of forcible oral copulation, each enhanced by the use of a deadly weapon. He was sentenced to a total term of 56 years to life in state prison for these offenses. (See Pen. Code, 667.61, subds. (a), (c)(1), (6), (e)(4), (5), 12022.3, subd. (a); former 261, subd. (a)(2), 288a, subd. (c)(2), 667.5, subd. (c)(3), (5), 1192.7, subd. (c)(3), (5), (23), 12022, subd. (b)(1).) Martinez appeals, contending that (1) the prosecutor improperly exercised peremptory challenges during voir dire; (2) the trial court erred by admitting one victims prior consistent statements; and (3) it improperly modified an instruction on the deadly weapon use enhancement allegations. Court affirm the conviction.

Appellant appeals from juvenile court findings made in a Welfare and Institutions Code section 602 joint contested jurisdictional hearing regarding his and several other minors participation in an assault. He also contends that the court erred in calculating the maximum duration of his confinement pursuant to section 726. Court affirm the juvenile courts judgment, except that we reduce the maximum term of confinement from 12 to 10 years.

Pursuant to Californias anti SLAPP statute, Code of Civil Procedure section 425.16, defendants filed a special motion to strike all eight causes of action in plaintiff Dennis Bacas complaint. Defendants argued that all of Bacas claims arise from their protected conduct participating in prior litigation against Baca. The trial court granted the motion to strike two causes of action and denied the motion to strike the remaining six claims. Court affirm in part, reverse in part, and remand for further proceedings.

On August 23, 2005, a jury convicted Thomas Dwayne Hyde (appellant) of two counts of second degree robbery (Pen. Code, 211) and found true that appellant had inflicted great bodily injury in connection with the first count (Pen. Code, 12022.7, subd. (a)). Appellant admitted the allegations relating to his prior convictions. The court sentenced appellant to a total of 21 years in prison. On appeal, appellant contends that: (1) the judge who handled the case was not impartial; (2) the court erred in refusing to give a jury instruction on receiving stolen property; and (3) the court improperly relied on the same facts to impose both an aggravated term and a sentencing enhancement. Court affirm.

The People appeal the trial courts granting of a motion to set aside the information pursuant to Penal Code section 995 (hereafter section 995) filed by defendants David Steven Averill and Jacob Earl Johnson (collectively defendants) on the ground that the information was based on illegally seized evidence. The People contend we should uphold the magistrates finding that the detention of Johnson and another suspect was reasonable as well as the magistrates denial of defendants motion to suppress evidence (Pen. Code, 1538.5, subd. (m)) (hereafter section 1538.5). Court agree and reverse the dismissal order.

Appellant Herman Ledbetter appeals on the grounds that the damages awarded to him by the jury in his personal injury lawsuit are not supported by substantial evidence and/or are the product of passion or prejudice on the part of the jury. He also contends that the trial court erred in denying his motion for a new trial. Court disagree and affirm.

Appellant appeals the trial courts order granting sanctions against her attorney in the amount of $2,000. Court affirm.