CA Unpub Decisions

Defendant and appellant Michael Monert challenges the sufficiency of the evidence to support a jury’s finding he was competent to stand trial. We affirm.

A jury convicted Curtis Yee of first degree murder after he shot Jian Jin during the robbery of an Oakland massage parlor. It also found true allegations that Yee committed the murder in the course of a robbery and burglary, personally and intentionally discharged a firearm causing death, and personally inflicted great bodily injury (GBI). The trial court sentenced him to a term of life without the possibility of parole for special-circumstance murder, a term of 25 years to life for the firearm enhancement, and additional terms totaling 11 years based on prior convictions.

Fidel Bueno appeals his convictions, following a jury trial, for corporal injury and criminal threats. He argues the trial court erred in admitting certain evidence and the prosecutor committed prejudicial misconduct during closing arguments. We affirm.

David E. West (appellant) appeals from an adverse judgment on his complaint against several defendants in this business dispute. We affirm.

Defendant Jose Marcoscruz Mende appeals from the judgment entered after his probation was revoked for probation violations. Mende’s underlying convictions were the result of a negotiated disposition in which Mende pleaded no contest to felony assault with great bodily injury and to a misdemeanor hate crime charge.

Defendants Jose Villareal and Carlos Fletes were each convicted by jury trial of possession of a firearm by a felon (former Pen. Code, § 12021, subd. (a)(1)) and active participation in a criminal street gang (§ 186.22, subd. (a)). Fletes was also convicted of possession of ammunition by a felon (§ 12316, subd. (b)(1)). The jury found true gang enhancement allegations (§ 186.22, subd. (b)(1)(A)) as to the possession offenses, and Fletes admitted prior serious felony and strike allegations (§§ 667, subd. (a), 1170.12). The jury acquitted defendants of assault with a firearm on a peace officer (§ 245, subd. (d)(1)). Both defendants were committed to state prison.

Gary Tiggs and Denise Carol Tiggs (plaintiffs) filed this civil action after the death of their son Brenden Tiggs. Brenden was a freshman student attending California State University San Jose and living in an on-campus dormitory when he committed suicide in February 2014. Plaintiffs allege that the Board of Trustees of the California State University (Board of Trustees) and certain employees, including Mikhail Burlyga, (together “defendants”) breached legal and contractual duties by failing to provide appropriate care and treatment for Brenden in the hours before his death.

T.R. and Robert C. are the mother and father of R.C., born in 2008, and N.C., born in 2016. In a combined appeal, mother and father contest the jurisdiction and disposition orders of the juvenile court. Father contends there was insufficient evidence to support the court’s orders finding jurisdiction and removing the children from parental custody, and in suspending his visitation rights. Mother contends only that the court violated her procedural due process rights by suspending her educational rights to R.C. without prior written notice of the issue and by failing to disclose the identity of the designated holder of the educational rights. We affirm.

Appellant William Mathews II (Mathews) works as a correctional lieutenant at Kern Valley State Prison for respondent, California Department of Corrections and Rehabilitation (CDCR). On February 11, 2008, CDCR served a notice of adverse action on Mathews. On February 22, 2008, Mathews was served with an amended notice.
Mathews appealed the disciplinary action and a hearing was held before an administrative law judge appointed by the California State Personnel Board. The administrative law judge indicated to CDCR’s counsel that it did not appear CDCR would be able to prove its charges.

Appellant Ronald Wayne Shepherd was found guilty as charged of two counts of digitally penetrating a minor (Pen. Code, § 288.7, subd. (b)) , one count of sexually penetrating a minor by force, violence, duress, menace, fear or threat (§ 269, subd. (a)(5)), five counts of willfully and unlawfully committing a lewd and lascivious act upon a minor by use of force, violence, duress, menace, and threat of great bodily harm (§ 288, subd. (b)(1)), and one count of raping a minor (§ 269, subd. (a)(1)). Minor was Shepherd’s stepdaughter. It was found true that Shepherd had suffered two prior strike convictions and the trial court sentenced Shepherd to an indeterminate term of 330 years to life in state prison.

In an information filed on August 21, 2015, defendant/appellant Terrance Edgar was charged with conspiracy to violate Penal Code section 29800, subdivision (a)(1) (count 1; § 182, subd. (a)(1)); possession of a firearm in violation of section 29800, subdivision (a)(1) (count 2); active participation in a criminal street gang (count 3; § 186.22, subd. (a)); possession of ammunition by a felon (count 4; § 30305, subd. (a)(1)); possession of a controlled substance for purpose of sale (count 5; Health & Saf. Code, § 11378); unlawful possession of more than 28.5 grams of marijuana (count 6; Health & Saf. Code, § 11357, subd. (c)); and unlawful possession of drug paraphernalia (count 7; Health & Saf. Code, § 11364). The information alleged that defendant committed counts 1, 2, and 4, for the benefit of, at the direction of, or in association with a criminal street gang. (§ 186.22, subd. (b)(1).)

Defendant and appellant Roger Adrian Hernandez contacted his live-in girlfriend Jennifer Clark via telephone advising her that he had discovered God’s plan for their family. He told her he was going to sacrifice himself and his daughter I.H. (Daughter) to show God how true defendant was to him. Defendant was going to give Clark a gun so that she could shoot him and then Daughter. Defendant was arrested when he arrived at Daughter’s school to pick her up.
Defendant was convicted of one count of making terrorist threats (Pen. Code, § 422). It was further found true that defendant had suffered one prior serious and violent felony offense within the meaning of sections 667, subdivisions (a), (c) through (e)(1) and 1170.12, subdivision (c)(1). Defendant was sentenced to six years four months to be served in state prison.
Defendant makes one claim on appeal that insufficient evidence was presented to support his conviction of making terrorist threats. We affirm the judgment.

A jury convicted Frankie Steve Miranda of first degree murder (Pen. Code, § 187, subd. (a); count 1) and second degree robbery (§ 211, count 3). The jury found true certain firearm enhancements relating to count 1 under section 12022.53, subdivisions (b), (c), and (d). The jury also found true that Miranda personally used a firearm (a handgun) within the meaning of section 12022.53, subdivision (b).
The court sentenced Miranda to prison for 50 years to life, consisting of 25 years to life for count 1 plus a consecutive term of 25 years to life for the section 12022.53, subdivision (d) enhancement. The court also sentenced Miranda to an additional five years for count 3 plus 10 years for the section 12022.53, subdivision (b) enhancement on count 3, but stayed the count 3 related sentence under section 654.

A jury convicted Jorge Gonzalez Hernandez of oral copulation with a child who was 10 years of age or younger. (Pen. Code, § 288.7, subd. (b).) The trial court sentenced Hernandez to an indeterminate term of 15 years to life imprisonment.
Hernandez appeals. He contends the court erred by finding that the victim was competent to testify (Evid. Code, §§ 700, 701) and by admitting evidence of the victim's prior statements (id., § 1360). We disagree and affirm.