CA Unpub Decisions

On April 26, 2021, the Monterey County District Attorney filed a second amended information (information) charging Escalante with the willful, deliberate, and premeditated murder of Santos Emilio Barriga (Pen. Code, §§ 187, subd. (a), 189; count 1), four counts of assault with a firearm (§ 245, subd. (a)(2); counts 2–5), and shooting at an inhabited dwelling (§ 246; count 6). Counts 2 through 5 each alleged a different victim, Veronica T., Peyton H., Rico T., and Antonella T., respectively.
As to count 1, the information further alleged that Escalante personally used a handgun (§ 12022.53, subd. (b)), personally and intentionally discharged a handgun (§ 12022.53, subd. (c)), and personally and intentionally discharged a handgun causing great bodily injury and/or death to Barriga (§ 12022.53, subd. (d)). As to counts 2 through 5, the information alleged that Escalante personally used a handgun (§ 12022.5, subd. (a)).

The prosecution charged Rapisardo with four counts: count 1—robbery in the second degree (Pen. Code, § 212.5, subd. (c)) ; count 2—assault with a firearm (§ 245, subd. (a)(2)); count 3—possession of a firearm by a felon (§ 29800, subd. (a)(1)); and count 4—false imprisonment (§ 236). As to counts 1 and 4, the prosecution further alleged Rapisardo personally used a firearm in the commission of the offenses (§§ 12022.5, subd. (a), 12022.53, subd. (b)).
As part of a negotiated plea agreement, Rapisardo pleaded no contest to counts 1 and 4. The trial court denied probation and imposed a total term of three years in prison, consisting of the middle term of three years for count 1 and a concurrent term of 364 days for count 4. The court stayed various fines and fees after finding that Rapisardo was unable to pay them.
Rapisardo filed a timely notice of appeal and did not request a certificate of probable cause.

On September 24, 2019, during trial, the Santa Clara County District Attorney filed a third amended information (information) charging Ruiz with 18 crimes: First degree burglary (Pen. Code, § 460, subd. (a); count 1), assault with a firearm (§ 245, subd. (a)(2); count 2), first degree robbery (§ 212.5, subd. (a); count 3), battery causing serious bodily injury (§ 243, subd. (d); count 4), felony false imprisonment (§ 236; count 5), two counts of carjacking (§ 215, subd. (a); counts 6 & 8), second degree robbery (§ 212.5, subd. (c); count 7), attempted second degree robbery (§§ 664, 212.5, subd. (c); count 9), taking or unauthorized use of a vehicle with intent to temporarily deprive the owner of title and possession (Veh. Code, § 10851, subd. (a); count 10), attempt to dissuade a witness or victim by use of force or threat of force (§ 136.1, subd. (c)(1); count 11), false imprisonment of a hostage (§ 210.5; count 12), two counts of misdemeanor petty theft (§ 488; counts 13

On June 1, 2019, police officers responded to a report of domestic violence between father and his ex-girlfriend, S.V., Bella’s mother. Bella lived with father in the home of the paternal grandmother, Mildred, who was out of town. Mother had spent the night. Father went through mother’s tablet and noticed she was talking with other men. When she attempted to leave, he flung an Igloo water cooler at her striking her on the right forearm and kicked her twice on her left leg and ankle. She had visible injuries as a result. The parents continued their argument in the vehicle as father was taking mother home and Bella witnessed their physical altercation. A bystander contacted police and father was arrested. There was an active restraining order protecting mother from him.
Bella was taken into protective custody and placed with her godmother.

On November 9, 2018, the Tuolumne County Department of Social Services (the department) initiated dependency proceedings over then 12-year-old Victoria (the child) and her sibling Sean B. (Sean) who were living with their mother. The child’s three-year-old half sibling and nephew, Joseph B., whose parents are the child’s presumed father, John B. (father), and adult half sibling, Autumn A. (Autumn), was found by law enforcement wandering around in only a diaper. Joseph B., mother’s grandchild, was brought to mother’s home by law enforcement, and the conditions of mother’s home were determined to be unsafe and unsanitary.
The child’s family had an extensive history of referrals alleging general neglect and physical, emotional, and sexual abuse with the department dating back to 1992. The reports of neglect and abuse involved unsafe and unsanitary home conditions, poor hygiene involving Sean, and sexual abuse of the child and her siblings by father.

In 2004, a jury convicted petitioner Alberto Esqueda Madrigal of first degree murder (Pen. Code, § 187, subd. (a), count 1). As to count 1, the jury found true the special circumstance that petitioner committed the murder while engaged in the commission or attempted commission of a robbery (§ 190.2, subd. (a)(17)(A)). The trial court sentenced petitioner on count 1 to a term of life without the possibility of parole, plus one year for a knife enhancement (§ 12022, subd. (b)(1)). (People v. Madrigal (July 27, 2005, F045882 [nonpub. opn.] (Madrigal).)
In 2019, petitioner filed a petition for resentencing on his murder conviction pursuant to section 1170.95. The trial court summarily denied the petition at the prima facie stage without providing a statement of reasons for why it did not issue an order to show cause.
On appeal, petitioner contends the trial court erred by denying his section 1170.95 petition without conducting an evidentiary hearing.

Between about November 1, 2016, and December 1, 2016, defendant, who had a prior felony conviction, persuaded four victims under the age of 18 years to engage in commercial sex acts.
On January 20, 2017, defendant possessed a firearm.
On December 8, 2017, in case No. VCF346256, the Tulare County District Attorney filed an information charging defendant with 20 counts related to trafficking of a minor, pimping, and pandering against four victims.
The same day, in case No. VCF346180, an information was filed charging defendant with three counts related to firearm and ammunition possession.
On May 30, 2019, the trial court held a change of plea hearing. The following discussion occurred:
“THE COURT: [That term is c]oncurrent?
“THE DEFENDANT: With half time.
“[DEFENSE COUNSEL]: And all of these offenses carry half time.
“THE DEFENDANT: I’m being sentenced to half time on my credits for the time I’ve been in custody? I want to make sure. My apologies.
“THE COURT: It’s okay.

On June 17, 2015, Elisa Magallanes de Valle (Magallanes) was treated for an ovarian cyst by Dr. Rebecca Brock at Golden Valley Health Centers--Modesto Women’s Health (GVHC). Magallanes selected Dr. Brock as her physician and became her patient.
On May 16, 2016, Magallanes presented to GVHC for treatment by Dr. Brock. Magallanes was experiencing abnormal bleeding and cramping. She was diagnosed with enlarged uterus and anemia.
On May 23, 2016, Magallanes presented to GVHC and was treated by Dr. Brock. Magallanes complained of worsening pelvic pain. She was premenopausal and experiencing symptoms such as decreased appetite, dizziness, dysuria (pain when urinating), hematuria (blood in urine), and urinary frequency; she also reported she was experiencing pain when she was working.
On May 31, 2016, Magallanes presented to GVHC for treatment by Dr. Brock. Magallanes reported continuing pelvic pain, bloating, dizziness, menstrual cramping, and nausea.

A jury convicted appellant Shawn Israel Spire of multiple felonies, including attempted murder, torture, and two counts of rape. The crimes involved appellant’s ex-girlfriend. Following the guilty verdicts, a sanity phase occurred and the jury found it not true that appellant was legally insane when he committed these crimes. Appellant received a determinate prison sentence of 13 years, along with a consecutive aggregate indeterminate term of 50 years to life.
Appellant argues that insufficient evidence supports his conviction for attempted murder. He also contends that a reasonable jury could not have found him sane when he committed these crimes. Finally, he claims instructional errors occurred in both the guilt and sanity phases of trial, and he alleges cumulative error. We reject these arguments. However, we agree with the parties that appellant’s conviction in count 4 must be modified to misdemeanor assault.

Mandujano and his wife, D.O., have two children; Y.C. has three children. Y.C. testified that she was friends with Mandujano and his wife. Y.C. worked with D.O. and spent time at D.O.’s house.
On January 1, 2017, D.O. invited Y.C. to her home for a meal. Y.C. brought her then four-and-a-half year-old daughter, L.J., and then seven-year-old son, M.C. with her. At D.O.’s, Y.C. helped D.O. make tacos, but the two returned to Y.C.’s house five minutes away to pick up salsa, leaving M.C. and L.J. outside to play with D.O.’s son, G.M. Mandujano was inside in his room.
When D.O. and Y.C. returned less than 10 minutes later, L.J. was in the kitchen, quietly looking down. Since L.J. was usually smiling, Y.C. asked her what was wrong. D.O.’s other son, R.M., said that L.J. was angry. Y.C. gave L.J. her cell phone to play with. According to Y.C., D.O.’s house had a bedroom off the kitchen with a fish tank in it.
Following the meal, Y.C. helped D.O. bake bread. As they did, Y.C. not

Parents married in 2013, when Mother was 17 years old and Father was 30 years old. According to maternal grandmother (MGM), Mother had severe developmental delays as a child; functions at a kindergarten level; and is unable to read or write. Parents were homeless in late 2018 for about four months, and resided with MGM sporadically.
The Department first investigated the family in 2014. Then, in 2018, the three older children were removed from Parents’ care for substance-related issues, domestic violence, and mental health issues. The three older children were returned in 2019, and the case was dismissed in 2020. When Jos. was born in 2019, he was placed in custody, but was also returned to Parents in 2020. During those cases, the juvenile court found Father to be the presumed father of the Children.
On August 10, 2020, the family came to the attention of the Department via an immediate response referral.

Plaintiff and appellant Cha Haacke (Employee) sued defendants and respondents (1) Robin Shea (Trustee), in her capacity as trustee of the Haacke Family Trust (the Trust); and (2) the estate of Veva V. Haacke (the Estate). The causes of action pertained to failure to pay minimum wage; failure to pay overtime wages; meal and rest break violations; failure to reimburse business expenses; paystub violations; waiting time penalties; and a violation of Business and Professions Code section 17200.
The trial court granted Trustee’s motion for summary judgment on the basis that the lawsuit was time-barred because Employee alleged she was employed by Veva V. Haacke (Decedent) and the lawsuit was not filed within one year of Decedent’s death. (Code Civ. Proc., § 366.2, subd. (a).) This court ordered the parties to submit supplemental briefing identifying who Employee is alleging to be her employer and whether section 366.2 would apply if the employer is not Decedent.

Defendant and appellant Steven Lopez was found guilty of second degree murder and the jury found true the special allegation that he personally used a firearm causing great bodily injury or death within the meaning of Penal Code section 12022.53, subdivision (d). At sentencing, the trial court refused to strike the firearm enhancement and imposed the 25 years to life sentence on the section 12022.53, subdivision (d), enhancement. Defendant filed an appeal contending the trial court should have exercised its discretion to strike the enhancement under section 12022.53, subdivision (d), and instead, impose sentence on a lesser included enhancement. In an unpublished opinion People v. Steven Lopez (Jul. 28, 2020, E071797) [nonpub. opn.] (Opinion) we ruled—based on the state of the law at the time—that the trial court only had discretion to strike or impose the section 12022.53, subdivision (d), enhancement. Defendant filed a petition for review, which was granted.

On March 11, 2015, Gilbert Lopez died from gunshot wounds following a verbal argument with defendant and appellant, Salvador Yanez IV. Defendant was charged and convicted by a jury of the second degree murder of Lopez (Pen. Code, § 187, subd. (a)) and being a felon in possession of a firearm (§ 29800, subd. (a)(1)). The jury also found true special allegations that defendant discharged a firearm and caused great bodily injury or death in the commission of the murder. (§ 12022.53, subd. (d).) In a bifurcated proceeding, the trial court found defendant had suffered a prior conviction for a serious or violent felony pursuant to section 667, subdivision (a) and a prior strike conviction pursuant to section 667, subdivisions (b) through (i).