CA Unpub Decisions

Gregory Scott Barrett appeals an order determining him to be a mentally disordered offender (MDO) and committing him to the State Department of State Hospitals for involuntary treatment. (Pen. Code, § 2962 et seq.) We conclude that sufficient evidence supports the trial court’s determination that Barrett is an MDO, and affirm. (People v. Bowers (2006) 145 Cal.App.4th 870, 879 [substantial evidence of dangerousness may rest upon a single psychiatric opinion].)

Defendants Midwest Roofing Co., Inc. (Midwest) and Darren Norman Tangen (Tangen) appeal from the trial court’s denial of their petition and motion to compel Victor Albarran and Raul Gutierrez (plaintiffs) to arbitrate their wage and hour and related claims and stay proceedings in the trial court. The trial court found that the arbitration agreement was unconscionable because it lacked mutuality for two reasons: It was not signed by Midwest and required only employees to arbitrate their claims.

Joshua Brown (Joshua) was shot and killed in a Los Angeles neighborhood claimed by a rival street gang. Police arrested DeOnte Anthony Walker (defendant)—a member of that rival gang—as the shooter and the police found photos of various automatic and semi-automatic handguns on his cell phone. The gun used to kill Joshua was never recovered, but at trial the prosecution introduced evidence to show certain of the guns depicted in the cell phone photos could have been the murder weapon. Defendant contended Joshua’s friend’s description of the murder weapon as a “cowboy gun” with a “revolver thing” ruled these guns out. We consider whether the gun photos were properly admitted, whether the trial court should have instructed the jury that photos from defendant’s phone were admitted for a limited purpose, and whether there was substantial evidence that defendant was the shooter and that the killing was premeditated and deliberate.

Defendant Desmond Romell Pryer appeals from a judgment of conviction entered after a jury trial for multiple sexual and violent offenses against his girlfriend, including forcible oral copulation, assault by means likely to produce great bodily injury, felony false imprisonment, attempting to dissuade a witness, and inflicting corporal injury on a person in a dating relationship. On appeal he contends the use of a prior juvenile adjudication for purposes of sentencing under the three strikes law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12) violated his constitutional right to a jury trial. We disagree. However, Pryer is correct that the trial court erred in imposing a five-year sentence enhancement under section 667, subdivision (a)(1), because Pryer’s prior juvenile adjudication does not constitute a prior serious felony conviction for purposes of the enhancement.

Steven Joel York appeals from the judgment after a jury convicted him of possession of heroin for sale (Health & Saf. Code, § 11351) and possession of an injection device (§ 11364, subd. (a)). The trial court found true allegations that York suffered two prior narcotics-related convictions (§ 11370.2, subd. (a)) and served one prior prison term (Pen. Code, § 667.5, subd. (b)). It sentenced him to 10 years in county jail.
York contends the trial court erred when it: (1) denied his motion to suppress evidence, and (2) admitted statements he made to a police officer. He also contends the prosecutor committed misconduct during his rebuttal argument. At oral argument, we requested supplemental briefing on how recent changes to section 11370.2 affect York’s sentence. We vacate York’s sentence and remand.

Ace Industrial Supply, Inc. (Ace), appeals from an order granting Tool Masters’ special motion to strike the complaint (Code Civ. Proc., § 425.16; anti-SLAPP statute). Ace contends the trial court had no jurisdiction to grant the special motion to strike after Ace voluntarily dismissed its complaint against Tool Masters; the complaint did not arise from protected activity under section 425.16; and Ace demonstrated a probability of prevailing on its claims. We conclude the trial court lacked jurisdiction to rule on the special motion to strike after the voluntary dismissal because there was no pending motion for attorney’s fees. We reverse and remand to the trial court with directions to vacate its order ruling the special motion to strike had merit and Tool Masters was entitled to an award of attorney’s fees.

Derrick Wright appeals from the judgment entered after a jury convicted him of assault with a semiautomatic firearm, driving or taking a vehicle without consent, possession of a firearm by a felon, and brandishing a firearm at a person in a motor vehicle. The jury also found true firearm and gang enhancement allegations.

Stephen Winick appeals from a judgment against him following a jury trial. Winick sued Hilton Management, LLC (Hilton) and Sergio Bocci (collectively Respondents), the director of operations for the Beverly Hilton Hotel (the Hotel), for claims arising from Winick’s arrest while trying to attend the Golden Globe awards at the Hotel without a ticket or a pass. Bocci made a citizen’s arrest of Winick after consulting with a Beverly Hills police officer who informed Bocci that Winick had committed a criminal trespass. Winick was not convicted of any crime following the arrest; the district attorney ultimately dismissed the charges against him.

Defendants Benjamin Fellows and Clarence Thomas were each convicted, following a jury trial, of one count of shooting from a motor vehicle. (Pen. Code, § 26100, subd. (c).) The jury found true the allegation that the offense was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). As to Thomas, the jury found true the allegations that Thomas and a principal personally used and discharged a firearm causing great bodily injury (§ 12022.53, subds. (b), (c), (d) & (e)(1)). As to Fellows, the jury found true the allegations that a principal personally used and discharged a firearm causing great bodily injury (§ 12022.53, subds. (d) & (e)(1)).

George Stout bought investment coins from Stephen Kelly and his company, Global Crossroads, Inc. Stout sued Kelly and Global Crossroads, Inc. for fraud, breach of fiduciary duty and unfair competition, among other things. After a court trial, the court entered judgment in favor of Stout and against Kelly and Global Crossroads, Inc. in the amount of $176,361.01. Kelly appeals. We affirm.

Helen Fung appeals from the judgment entered after the trial court granted a motion by Oregon Trail Corporation to dismiss Fung’s wrongful foreclosure action with, as opposed to without, prejudice. Fung argues the trial court erred in granting that motion and in awarding Oregon Trail $17,500 in attorneys’ fees. We affirm.

Defendant Cedric Shaffer appeals from an order denying his petition to recall his sentence and to be resentenced under Proposition 36, the Three Strikes Reform Act of 2012 (Pen. Code, § 1170.126). (Statutory citations are to the Penal Code.) The trial court denied the petition because Shaffer’s resentencing posed an unreasonable risk of danger to public safety. (§ 1170.126, subd. (f).) We affirm.

Tammi Anderson, mother of seven-year-old C.M., appeals from the judgment in this paternity action, contending the trial court erred in making custody and visitation orders that modified an “exit order” issued by the juvenile court in a dependency case concerning C.M. We affirm.

Defendant Richard Carlos Lopez appeals from an order denying his post-judgment motion which he filed in propria persona to vacate or reduce various fines and fees, and a restitution order. His appellate counsel has raised no issues and asks this court for an independent review of the pertinent record to determine whether there are any issues that would, if resolved favorably to defendant, result in reversal or modification of the order. (People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436.) Defendant was notified of his right to file a supplemental brief, but has not done so. Upon independent review of the record, we conclude no arguable issues are presented for review and affirm the judgment.