CA Unpub Decisions

A criminal law decision regarding a lewd and lascivious acts upon a child under the age of 14.

A criminal law decision regarding battery by a prisoner, battery on a custodial officer and resisting an executive officer.

A criminal law decision regarding second degree murder (Pen. Code, § 187) and the jury found true the allegation that he had personally used a deadly weapon during the commission of the offense.

Appeal from a judgment imposed following revocation of probation. The trial court sentenced defendant to the upper term of three years in state prison. Defendant contends that imposition of the aggravated term violated Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403; 124 S.Ct. 2531] (Blakely). Court affirm.

A jury convicted defendant of voluntary manslaughter and found that he personally used a firearm within the meaning of section 12022.5. Defendant contends that the trial court committed instructional error and an abuse of discretion when sentencing him to the middle term and when calculating the restitution. Court are unpersuaded by defendant's arguments and affirm the judgment.

A decision regarding trespass, civil harassment under section 527.6, intentional infliction of emotional distress (IIED), violation of the state constitution's right to privacy, intrusion into private affairs, intentional interference with business relations, violation of this state's Unfair Competition Law (UCL) appearing at Business and Professions Code section 17200 et seq. and violations of the municipal ordinances of the cities of Walnut Creek and Oakland proscribing noise and disturbances of the peace.

Plaintiff and appellant appeals the judgment in favor of defendant and respondent after the demurrer to his third amended complaint for conversion was sustained without leave to amend.

A decision regarding forcible rape after the trial court denied defendant's motion to suppress evidence (Pen. Code, § 1538.5). Defendant contends that evidence linking him to the rape should have been suppressed because it was obtained from blood and saliva samples previously taken from him for DNA identification purposes, and the taking of the samples violated the Fourth Amendment to the United States Constitution. Court disagree and affirm because it is well settled that the taking of blood and saliva for DNA identification under California statutory law (Pen. Code, § 296 et seq.) does not violate the Fourth Amendment.

Defendant was convicted of first degree burglary, committing a lewd act on a child of 14 or 15 years of age, making a criminal threat, and intimidating a witness. On appeal, he contends the evidence was insufficient to support his conviction under Penal Code section 422[1] for making a criminal threat. Court affirm.

Defendant was convicted of first degree burglary, committing a lewd act on a child of 14 or 15 years of age, making a criminal threat, and intimidating a witness. On appeal, he contends the evidence was insufficient to support his conviction under Penal Code section 422[1] for making a criminal threat. Court affirm.

A decision regarding felonies of assault with a deadly weapon, and criminal threats and of the misdemeanor offenses of battery and elder abuse.

A criminal law decision regarding a registered sex offender failing to report a change of address.

A criminal law decision regarding possession of methamphetamine in violation of Health and Safety Code section 11377, subdivision (a), possession of a smoking device in violation of Health and Safety Code section 11364, and possession of burglar's tools in violation of Penal Code section 466.

A criminal law decision regarding transporting a controlled substance, methamphetamine.