CA Unpub Decisions

A jury convicted defendant of unlawful possession of access card account information, unlawful possession of access cards, unlawful possession of a blank check, and receiving stolen property.
On appeal, Defendant contends the trial court erred in denying her motion to suppress evidence because the police violated the "knock-and-announce rule." Court affirms.

Plaintiff, appeals from a Code of Civil Procedure section 437c judgment in favor of defendants. Defendants' motion was based on collateral estoppel. Court conclude defendants failed to establish that plaintiff's causes of action was entirely without merit because there was a complete defense to them. Court reverses the judgment.

Defendant appeals from the finding that defendant was in violation of probation in case No. NA061158. In that case, defendant plead no contest, to one count of second degree burglary. In accordance with the plea agreement, the court sentenced appellant to the high term of three years for the burglary and five consecutive years for five prison priors. Execution of sentence was suspended, and defendant was placed under terms and conditions of probation for three years, including commitment to a jail term equal to time served. Judgment affirmed.

Defendant appeals his conviction by jury of shooting at an occupied building, his admission of a prior serious felony conviction, and two prior felony convictions within the meaning of the "Three Strikes" law. Defendant was sentenced to 25 years to life with a five-year prior serious felony conviction enhancement. Appellant contends that (1) the delivery of CALJIC No. 2.52, the flight instruction, constituted prejudicial error; (2) his three strikes sentence should be vacated; and (3) the trial court erred in limiting his presentence conduct credit to 15 percent. Respondent agrees that the 15 percent limitation on conduct credits is inapplicable, and court modifies the judgment accordingly. Court otherwise affirms.

Appellant was convicted, following a jury trial, of one count of vandalism, one count of battery, one count of vandalism of a dwelling, and one count of trespassing by injuring property. The trial court sentenced appellant to state prison for the mid-term of two years for the vandalism conviction, 180 days for each of the remaining convictions, and ordered those terms to run concurrently to the vandalism term.
Defendant appeals contending that the evidence is insufficient to support his conviction on all counts and further contending that the 180 day sentences should be stayed. Court reverses appellant's conviction for vandalism of a dwelling. His sentence for trespass by injury is ordered. Court affirms the judgment of conviction in all other respects.

Plaintiff sued the estate planning attorney and law firm used by her mother and stepfather. Father claimed that counsel and the firm engaged in malpractice, conspiracy to breach their fiduciary duties, and conspiracy to commit fraud. The trial court dismissed the action after sustaining the demurrer to the Third Amended Complaint without leave to amend. On appeal, father challenges the trial court's ruling on the demurrer on the grounds that the causes of action was not barred by the statute of limitations, and requests leave to amend the complaint if pleading infirmities are identified. Court affirms.

Plaintiff appeal from judgment upon a jury's Special Verdict in the Los Angeles Superior Court in favor of Respondents because they claim respondent was negligent as a matter of law, the trial court's denial of a motion for judgment notwithstanding the verdict and its exclusion of evidence and reference to respondent's age and driving experience constituted prejudicial error, and respondent's memorandum of costs was not timely filed. Court affirms the judgment of the court in all regards.

A lawyer has repeatedly sued his former employee for alleged conversions of property. In the present litigation, the trial court awarded the lawyer money on a stock conversion claim that was not alleged in the complaint, over the relevancy objections of the former employee. Court reverses the award for the stock conversion. The trial court should not have admitted or considered testimony relating to stock conversion because it is not the subject of this litigation. Otherwise, court affirms the judgment.

Defendant appeals from the trial court's order granting respondent's petition to determine the construction of the Lynne M. Kauffman Trust. Court concludes that the trial court's construction of the trust is reasonable and consistent with the trustor's intent as expressed in the trust document and therefore affirms the order.

A jury convicted defendant of attempted murder, assault with a semiautomatic firearm, and active participation in a criminal street gang. The jury found true the allegation Defendant personally discharged a firearm causing great bodily injury during the attempted murder. The court sentenced Defendant to prison for 40 years to life, consisting of 15 years to life for attempted murder and 25 years to life for the firearm enhancement. The court initially awarded him 775 days of conduct credit, but subsequently amended the abstract of judgment to reflect 803 days of credit. Defendant contends insufficient evidence supports the jury's finding that he knew of a pattern of criminal gang activity for purposes of the section 186.22(a) conviction. Court disagrees and affirms the judgment.

Defendant was convicted in a jury trial of receiving stolen property. Defendant appeals from the judgment of the conviction, contending that (1) there was insufficient evidence to support his conviction; (2) the trial court erred in failing to instruct the jury on the definition of possession; (3) the trial court abused its discretion in ordering restitution in the amount of $665; and (4) his sentence is unconstitutional under Blakely v. Washington. Court agrees that the trial court abused its discretion in ordering defendant to pay $665 in restitution and order the abstract of judgment amended to reflect restitution in amount of $370. Court reject defendant's remaining contentions and affirms in all other regards.

Father, appeals from orders by the juvenile court to deny his petition for modification under Welfare and Institutions Code section 388 and to terminate his parental rights under Welfare and Institutions Code section 366.26. Court affirms.

Appellant's counsel filed a brief pursuant to People v. Wende, identifying no potentially arguable issues. Citing Anders v. California, appellant's counsel listed the following issues that might "arguably support" an appeal: "Did the court abuse its discretion in sentencing appellant to state prison? Did the court err in computing appellant's custody and conduct credits?"? Also, along with his notice of appeal, appellant filed a "summary of argument" purporting to support his contention he is entitled to 586 days of presentence custody credits, and to additional conduct credits under Penal Code section 2931 for the time he was in the "constructive custody" of the Department of Corrections and Rehabilitation while serving his term for violating probation. The judgment is affirmed.

Pursuant to a negotiated disposition, Appellant entered a plea of guilty to forcible rape. Consistent with the negotiated disposition, he was sentenced to the midterm of six years in state prison and other counts were dismissed.
Counsel for appellant has filed an opening brief raising no issues and asking this court for an independent review of the record. Court conducted the requested review and conclude that there are no arguable issues. Judgment affirmed.