CA Unpub Decisions

A jury convicted defendant and appellant Tommy Reyes of (count 1) attempted murder (Pen. Code, §§ 664, 187, subd. (a)) and (count 2) assault with a firearm. (§ 245, subd. (a)(2).) The jury also found true allegations that Reyes personally inflicted great bodily injury (§ 12022.7, subd. (a)), and that the crimes were gang related. (§ 186.22, subd. (b)(1)(C).) With respect to count 1, the attempted murder charge, the jury found true an allegation that Reyes personally and intentionally discharged a firearm and proximately caused great bodily injury.

M.L. (Mother) and J.L. (Father) appeal from the juvenile court’s jurisdictional order made after the court adjudged their infant daughter S.L. (born in 2017) a dependent under Welfare and Institutions Code section 300. The parents contend the evidence is insufficient to establish that S.L. has suffered, or that there is a substantial risk she will suffer, serious physical harm or illness because of Mother’s inability to provide regular care caused by Mother’s “erratic behaviors.” We agree and reverse.

In this dependency case (Welf. & Inst. Code, § 300 et seq.), M.S. (Mother) and M.T. (Father) challenge the sufficiency of the evidence supporting the jurisdiction finding against them. We conclude the evidence presented at the adjudication hearing was insufficient to support jurisdiction and therefore reverse the finding as well as the disposition order.

In February 2017, Efrain Prieto pled no contest to one count of carjacking (Pen. Code, § 215, subd. (a)), and admitted allegations that he had personally used and discharged a firearm (Pen. Code, § 12022.53, subd. (b)) and caused great bodily injury (Pen. Code, § 12022.7, subd. (a)) in connection with that offense. His plea was part of an agreement with the prosecution that called for a 16-year sentence as follows: the low term of three years for the carjacking, plus three years for the bodily injury allegation and 10 years for the firearm use allegation. In exchange, three counts of assault with a firearm (Pen. Code, § 245, subd. (a)(2)), along with great bodily injury and gang benefit allegations were dismissed.

The trial court entered a stipulated judgment of dissolution of the marriage of Robert and Krystina Booth, which recited that the parties retained a law firm “to serve as mediator for the parties in reaching this agreement” and that the parties “acknowledge and agree that [they were not] independently represented” by the law firm.

Defendant Angel Mares (Mares) shot Jose Aragon (Aragon) and Andy Chicas (Chicas) to death outside a fast food restaurant. At trial, Mares championed a self-defense theory of the events leading to Aragon’s and Chicas’s death. The jury rejected that defense in convicting Mares on two counts of first degree murder with multiple-murder special-circumstance and firearm-use findings. The trial court sentenced Mares to two consecutive life terms without the possibility of parole, plus two consecutive indeterminate terms of 25 years to life.

Defendant Angel Mares (Mares) shot Jose Aragon (Aragon) and Andy Chicas (Chicas) to death outside a fast food restaurant. At trial, Mares championed a self-defense theory of the events leading to Aragon’s and Chicas’s death. The jury rejected that defense in convicting Mares on two counts of first degree murder with multiple-murder special-circumstance and firearm-use findings. The trial court sentenced Mares to two consecutive life terms without the possibility of parole, plus two consecutive indeterminate terms of 25 years to life.

Hagop Derghazian moved for an order modifying his child support payment and for a determination of the amount of his arrearages. The trial court was unable to determine the amount in arrears because Hagop failed to provide a monthly breakdown detailing the amounts ordered and amounts paid; however, the court increased his monthly support payment from $700 to $1,800. Hagop appeals from this order contending the court erred by failing to permit his own cross-examination through his attorney of record. We affirm.

Anthony Manuel Cisneros appeals from an order denying his petition to recall his felony sentence and strike a one-year prior prison term enhancement imposed pursuant to Penal Code section 667.5, subdivision (b). The petition was filed pursuant to section 1170.18, which was added to the Penal Code by Proposition 47. The underlying offense for the prior prison term was a felony when appellant was sentenced. It was subsequently reduced to a misdemeanor pursuant to section 1170.18.
In an unpublished opinion filed on March 21, 2016, we affirmed. The California Supreme Court granted appellant’s petition for review. On September 19, 2018, the Supreme Court transferred the matter back to us with directions to “vacate [our] decision and . . . reconsider the cause in light of People v. Buycks (2018) 5 Cal.5th 857 [(Buycks)].” We vacate our prior decision and reverse.

Bethany Y. (Mother) appeals the denial of her Welfare and Institutions Code section 388 petition for renewal of reunification services on the eve of a hearing on termination of parental rights (§ 366.26) for her nearly two-year-old son, Kade M. We affirm.

This is an appeal from the jurisdictional and dispositional orders entered after the juvenile court sustained allegations that minor C.R. committed assault by means of force likely to produce great bodily injury in violation of Penal Code section 245, subdivision (a)(4), and misdemeanor battery on school property in violation of Penal Code section 243.2, subdivision (a). Pursuant to the dispositional order, C.R. was placed on probation subject to various terms and conditions, including that she shall attend school regularly and receive anger management counseling. On appeal, C.R. challenges these conditions of probation as unconstitutionally vague and/or otherwise fundamentally unfair. For reasons set forth below, we modify the condition requiring C.R. to attend school regularly and in all other regards affirm the orders.

Conrad Carl Weissensee, Jr., his wife Candice Curtis, and Mariner Homes (Mariner), a company affiliated with Weissensee, filed a complaint in Marin County against Ron Oznowicz and Carol Argentos. Oznowicz and Argentos filed a cross-complaint in which Argentos asserted 19 causes of action, and Oznowicz two (hereafter, the underlying lawsuit). The underlying lawsuit proceeded to a 13-day court trial. Following oral and written closing arguments, the trial court filed a 73-page statement of decision that in the main ruled for Weissensee, Curtis, and Mariner. The decision did, however, award two of the four properties in issue to Argentos and also awarded her over $134,000.

Kathy L. Broussard raised claims of discrimination and harassment based on her race and gender that were investigated and denied by her employer. After the Civil Service Commission (CSC) denied her appeal, she challenged its decision by a petition for writ of administrative mandamus. She now contends the trial court erred in denying her writ petition. We affirm.

Jose Reyes Lopez was convicted following a jury trial of one count of continuous sexual abuse of a child and three counts of oral copulation with a child.