CA Unpub Decisions

Appointed counsel for defendant Wayne Eric Townsend asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.

After observing defendant Steven Robert Moon engage in a suspected drug transaction in his car at a shopping center, officers conducted a warrantless search of his person and car and found methamphetamine. During a separate search of defendant’s residence pursuant to a warrant based on the earlier observations and seizure at the shopping center, officers recovered methamphetamine, a digital scale and a shotgun. The magistrate and trial court denied defendant’s motions to suppress the evidence and quash the warrant.
A jury convicted defendant of possession of methamphetamine for sale, possession of a controlled substance, being a felon in possession of a firearm, and misdemeanor driving on a suspended license. The trial court sentenced him to nine years four months in state prison.

A jury convicted defendant Rochelle Lee Lacy of unlawfully taking or driving a vehicle (Veh. Code, § 10851), receiving a stolen vehicle (Pen. Code, § 496d, subd. (a)), and felony identity theft (§ 530.5, subd. (a)), and in a bifurcated proceeding, sustained a strike allegation (§ 667, subds. (c), (e)(1)). The trial court sentenced defendant to a six-year state prison term, consecutive to a one-year term for a subordinate offense from another case.
On appeal, defendant contends she cannot be convicted of both stealing and receiving the same vehicle, her conviction for receiving a stolen vehicle should be reduced to a misdemeanor in light of Proposition 47, the Safe Neighborhood and Schools Act, and her felony sentence for unlawfully taking or driving a vehicle was unauthorized in light of Proposition 47. The Attorney General identifies errors in the abstract.

Defendant Corinne Renee Gregor was placed on probation after pleading no contest to identity theft. The trial court imposed a probation condition requiring her to disclose all email and internet accounts, provide passwords for all such accounts, and consent to warrantless searches of those accounts for computer related offenses. Defendant contends the electronic search condition is unreasonable under People v. Lent (1975) 15 Cal.3d 481 (Lent), precluded by the Electronic Communications Privacy Act (ECPA) (Pen. Code, § 1546 et seq.), and unconstitutionally overbroad. Defendant also contends the condition violates her Fifth Amendment privilege against self-incrimination. We conclude the condition is unconstitutionally overbroad and reverse for further proceedings.

Appointed counsel for defendant Wayne Eric Townsend asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.

Defendant Michael Lee Roessler shot and killed Michael Lawrence. Convicted of second degree murder and sentenced to a total term of 40 years to life in state prison, defendant appeals.

A jury found Kurt Lee Lewis guilty of second degree burglary (Pen. Code, § 459), receiving stolen property (§ 496, subd. (a)), and possession of ammunition by a felon (§ 30305, subd. (a)(1)). The trial court suspended imposition of sentence and placed Lewis on five years’ probation with terms and conditions, including that he serve 180 days in county jail.
In August 2016, a man discovered that property was missing from the tool shop he rented. Sheriff’s deputies responded and set up motion-activated cameras around the shop. The cameras showed Lewis inside.
Deputies went to Lewis’s home. They found ammunition in his bedroom and stolen tools in his garage. Lewis admitted he entered the tool shop, but denied taking any tools. He claimed his codefendant took the tools and left them in his garage.
We appointed counsel to represent Lewis in this appeal. After counsel examined the record, she filed an opening brief that raises no arguable issues.

Susie R. appeals from a juvenile court order terminating her parental rights over three children, Estevan M., Ray M., and Jacob M. She contends the juvenile court erred in terminating those rights because the court and the Los Angeles County Department of Children and Family Services failed to comply with the inquiry and notice requirements of the Indian Child Welfare Act (25 U.S.C. § 1901 et seq. (ICWA)). Because any such error was harmless, we affirm.

Gary H. (father) appeals from the jurisdictional findings and orders entered on July 18, 2017. Father does not contest the dispositional orders. Father contends the juvenile court erred in finding he was an offending parent. His infant son B.H. was born suffering from withdrawal symptoms from opiates. Claire F. (mother) joins in father’s arguments.
We affirm.

D.F. (Mother) appeals an order terminating her parental rights to E.F. (Welf. & Inst. Code, § 366.26.) She contends the juvenile court abused its discretion and denied her due process by refusing to conduct a contested hearing on the beneficial parental relationship exception to adoption (§ 366.26, subd. (c)(1)(B)(i)), and the court erroneously relied on inaccurate and incomplete notices to determine that the Indian Child Welfare Act (ICWA) does not apply (25 U.S.C. § 1901 et seq.). We affirm.

Richard Alan Mathis appeals his conviction by jury of battery with serious bodily injury (Pen. Code, § 243, subd.(d)) and assault by means likely to produce great bodily injury (§ 245, subd. (a)(4)), with special findings that he personally inflicted great bodily injury on both counts (§§ 1192.7, subd. (c)(8); 12022.7, subd. (a)). Appellant admitted four prior prison term enhancements (§ 667.5, subd. (b)) and was sentenced to six years state prison. We affirm.

Defendant and appellant Gerald Keesling was charged with unlawful possession of ammunition. (Pen. Code, § 30305, subd. (a)(1).) The information further alleged that defendant was prohibited from owning and possessing a firearm pursuant to the Penal Code and sections 8100 and 8103 of the Welfare and Institutions Code, having previously been convicted of a violation of Health and Safety Code section 11352.
On May 19, 2017, defendant filed a motion to suppress evidence (§ 1538.5), specifically two bullets seized by law enforcement, from defendant at the time of his arrest. After a hearing, the trial court denied his motion.
On July 6, 2017, in exchange for a promise of three years of formal felony probation and 365 days in jail with credit for time served, defendant pled no contest to the charge. The trial court suspended imposition of sentence and placed defendant on probation pursuant to the offer. He was awarded 156 days of custody credits.

A jury convicted Elias Rojas-Diaz of possessing child pornography in violation of Penal Code section 311.11, subdivision (a). Rojas-Diaz challenges his conviction on numerous grounds, including that the People withheld or failed to preserve exculpatory evidence, substantial evidence does not support the verdict, and the trial court failed to properly instruct the jury. Rojas-Diaz also argues the trial court abused its discretion in denying Rojas-Diaz’s motion to reduce his offense to a misdemeanor. Because none of Rojas-Diaz’s arguments has merit, we affirm.

The juvenile court terminated its dependency jurisdiction over ten-year-old Harrison F. with an exit order granting the child’s mother, Diana F., sole physical and legal custody, and the child’s father, Daniel F., monitored visitation. On appeal, Daniel F. argues the court erred in denying him joint custody, and requiring his visitation to be monitored. We affirm.