CA Unpub Decisions

“In March 2005, Police Officer Ramiro Vergara initiated a traffic stop of Zapata because he was not wearing a seat belt and failed to signal before turning. A DMV check revealed the vehicle was registered to Juan Zapata, Zapata’s brother, and registration for the car had expired. Defendant identified himself as Juan Zapata, with a birth date of December 18, 1984, and told Vergara the vehicle belonged to his girlfriend. A records check showed Juan Zapata did not have a driver’s license.
“After backup arrived, Vergara found a pipe in defendant’s pocket, plus bullets and a loaded gun in the vehicle. Zapata was arrested and taken to the police station, where he continued to claim his name was Juan Zapata.
“Vergara completed a prebooking form based on the information Zapata provided. He collected evidence from Zapata’s hands to test for gunshot residue (GSR) under the name of Juan Zapata and sent it to the lab for testing under that name.

Jennifer and Robert divorced in April 2008. Following their divorce, they shared joint physical and legal custody of their children, but Jennifer had primary physical custody. Robert paid Jennifer monthly child support.
In October 2019, Robert filed an ex parte application for temporary emergency orders, alleging excessive daily drinking by Jennifer and child endangerment and mistreatment by Jennifer and her new husband (Stepfather). Robert sought sole physical custody of their two minor children, appointment of counsel for the minors, therapy for the minors, and an emergency investigation order. The court issued temporary emergency orders giving Robert sole physical custody of the children and denying Jennifer visitation. The court also appointed counsel for the minors and ordered an emergency investigation. The matter was set for a hearing the following week.
At the hearing, both parties were present with counsel.

Police responded to a domestic violence call on February 3, 2020, wherein mother reported father had punched her in the ear while D.S., then age six, and his eight-year-old half sibling D.J. were present. An arrest warrant was issued for father, who was on felony probation for domestic violence and not present when police arrived.
After mother later refused entry into the family home, the agency received a protective custody warrant authorizing removal of and placement of the children into foster care. Father was later arrested.
A section 300 petition was filed April 1, 2020, alleging the children were at risk of harm due to a history of domestic violence between mother and father and that mother, despite having a restraining order, allowed father to remain in the home.
The children were detained at the April 2, 2020, detention hearing.

In 2016, plaintiff Darrell Teague and his wife renewed their automobile insurance with Personal Express Insurance Company. Defendant National General Insurance Company is the successor of Personal Express Insurance Company. The declarations page from the policy listed the Teagues as insured drivers and their Chevrolet Silverado as the insured vehicle. The schedule of coverages and limits includes an entry for “Uninsured / Underinsured Motorist Bodily Injury” with limits of “$250,000 Each Person / $500,000 Each Accident” at a premium of $40.00. The schedule also includes an entry for “Umbrella” with a limit of $1,000,000 at a premium of $126.00. Nothing in the declarations page indicates the umbrella coverage is limited to liability incurred by the insured drivers or, more specifically, that it does not extend to the uninsured motorist coverage.
Part C of the policy sets forth the terms of the uninsured motorist coverage.

We incorporate by reference the factual and procedural background set forth in F077884. To briefly recapitulate, a jury found defendant guilty of raping several prostitutes. He lured his victims to secluded areas under the pretext of an arm’s-length transaction for sex, then falsely identified himself as a police officer and/or threatened them with a stun gun. The victims had been willing to engage in protected sexual activity for money, but defendant coerced and/or physically forced them to have sex with him without a condom.
Defendant was convicted of rape by force or fear (Pen. Code, § 261, subd. (a)(2); counts 1, 9, 13 & 16); oral copulation by force or fear (former § 288a, subd. (c)(2)(A); counts 2 & 10); felony false imprisonment as a lesser included offense of aggravated kidnapping (§§ 209, subd. (b)(1), 236, 237, subd. (b); counts 8, 12 & 15); and falsely identifying oneself to a police officer (§ 148.9; count 19).

On February 17, 2012, a first amended information was filed against David Lee Bonner, Jr., appellant, and Jose Manuel Vasquez. Count 1 of the seven-count information alleged that the three committed murder in violation of section 187, subdivision (a) by killing Eric Gomez. Count 1 further alleged that the killing occurred while the three were “engaged in the commission of carjacking and/or armed robbery, within the meaning of Penal Code section 190.2[, subdivision ](a)(17).”
Shortly before appellant’s trial was scheduled to begin, appellant agreed to plead guilty “to count 1 a violation of [P]enal [C]ode section 187[, subdivision](a) in the second degree[,] doubled pursuant to [section ]667(b)–(i).” The parties agreed to a total term of 30 years to life, and the court accepted the plea. On December 4, 2013, appellant was sentenced consistent with the plea agreement.

On September 22, 1978, appellant was charged with murder with the special circumstance that it occurred during the commission of a robbery and involved torture. Additional charges of robbery, aggravated assault, and kidnapping were included, along with enhancements for the use of a firearm.
Appellant proceeded to trial and was ultimately convicted of first degree murder, two counts of robbery, aggravated assault, and kidnapping to commit robbery, along with certain firearm enhancements. Appellant received a life sentence in line with the sentencing rules of that time.
On January 31, 2019, appellant submitted a standard petition form seeking resentencing under former section 1170.95. Appellant requested counsel. Although the form was not fully marked to demonstrate eligibility, the trial court appointed counsel and ordered the People to provide a response.

APPEAL from a judgment of the Superior Court of Tulare County. Jennifer Conn Shirk, Judge.
Cynthia A. Barnes, under appointment by the Court of Appeal, for Defendant and Appellant.
Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Michael A. Canzoneri and David A. Lowe, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-

Defendant Jose Rolando Ochoa contends on appeal that his three-year probationary term must be reduced to two years because Assembly Bill No. 1950’s (2019–2020 Reg. Sess.) (Assembly Bill 1950) amendments to Penal Code section 1203.1 must be applied to his case. The People agree that amended section 1203.1 applies but contend that defendant’s case must be remanded to the trial court for modification of his probation term.

The Kern County District Attorney charged Reyes with two crimes: Transporting methamphetamine with intent to sell (Health and Saf. Code, § 11379, subd. (a); Count 1) and possessing methamphetamine with intent to sell (Health and Saf. Code, § 11378; Count 2). It was further alleged Reyes suffered prior strike convictions (Pen. Code, §§ 667, subds. (c)-(j) & 1170.12, subds. (a)-(e)).
Evidence
Law enforcement officers detained a vehicle in which Reyes was a passenger. She was ordered out of the car and, while complying, left her purse on the “center console.”
The driver was similarly ordered out of the car. He did not comply without hesitation. Prior to exiting, “he grabbed the purse” and “tr[ied] to get out of the car with it in his hand.” An officer directed him to leave it in the car and it was placed on “the rear floorboard.”
While on scene, officers searched the purse and found it contained approximately 60 grams of methamphetamine. An officer questioned Reyes.

The Fresno County District Attorney charged Smith with one crime: murder. (Pen. Code, § 187.) The charge included allegations Smith used a firearm in committing murder. (§§ 12022.53, subd. (d), 12022.5, subd. (a).)
Evidence
A woman testified Smith came to her residence while “intoxicated.” She later heard an argument outside her home followed by a gunshot. When she looked outside, she saw Smith and then his vehicle “speeding away ….”
Several hours later, a man’s body was found in a vineyard. The coroner determined a single gunshot wound to the head killed the man. The wound suggested the gun was fired while in contact with the skin. The manner of death was homicide; suicide was “nearly impossible.”
An investigation led to Smith. He was detained and interviewed. He initially denied any involvement in the victim’s death. He revised his statement and explained he actually was with the victim but the victim committed suicide.

An information was filed on June 27, 2008, charging Sanchez with murdering three people while engaged in the crimes of kidnapping and robbery. Sanchez went to trial and was ultimately found guilty of three counts of second degree murder, one count of attempted second degree murder, four counts of kidnapping, and various related enhancements.
In our prior resolution of Sanchez’s direct appeal, we recited the factual basis for the case and Sanchez’s defense as well as the core dispute regarding Sanchez’s convictions for second degree murder. (People v. Sanchez (June 25, 2012, F058796) [nonpub. opn.].) On that later point, this court noted that Sanchez’s convictions necessarily turned on an aider and abettor theory of liability and that there was substantial evidence supporting the jury’s verdict.
On July 5, 2019, Sanchez filed a petition for resentencing pursuant to former section 1170.95. On July 17, 2019, a second petition, filed by counsel, was also submitted.

The shooting at issue occurred in October 2015, outside a liquor store on the northwest corner of Kansas Avenue and Seventh Street in Riverside. Surveillance video from multiple angles depicted the following events: At approximately 9:30 p.m., Francisco Ramirez was standing on the corner outside the store, talking on a cell phone. Two northbound cars on Kansas Avenue stopped at that intersection and turned left onto westbound Seventh Street. Turner was driving the second of the two cars. The lead car pulled over to the right on Seventh Street, and the passenger (shooter one) exited. Turner followed the lead car, made a U-turn, and pulled over on the opposite side of the street from the lead car. Shooter one walked east toward the corner where Ramirez was standing. Turner turned off her headlights and drove forward slowly, following shooter one from across the street.
In the meantime, Esteban Domingo and Juan Bartolo were on Kansas Avenue walking south toward Ramirez.

Karina worked an overnight shift on occasion, so she sometimes left her children at her parents’ house, on Calaveras Street, where she also grew up. When her mother was working, sometimes Granados watched the children alone.
Paloma also babysat Alyson and her brother frequently, often overnight. On August 4, 2018, the children were playing on a bed in Paloma’s mother’s home when Paloma observed Alyson’s brother bite Alyson below the waistline. Paloma told the children that it was not okay for Alyson’s brother to bite her because that harms Alyson, and she told the children it was also not okay for others to touch their private areas, even family members. A few minutes later, Alyson told Paloma that her grandfather, Granados, touched her in the areas that Paloma just said were private. Alyson told Paloma her grandfather touched her private parts over and under her clothes. Paloma reported what Alyson said to Karina.

Given the Attorney General’s concession, the parties do not dispute the factual or procedural background. We will adopt the statement of facts and procedure set forth in the respondent’s brief.
Appellant is a native and citizen of Mexico. On June 7, 1990, he “entered [the United States] as an Immigrant.”
On May 19, 1994, the Imperial County District Attorney filed a felony complaint charging appellant with transportation/sale of a controlled substance (cocaine) (Health & Saf. Code, § 11352, subd. (a); count 1), possession for sale of a controlled substance (cocaine) (Health & Saf. Code, § 11351; count 2), and criminal conspiracy to commit a felony (Pen. Code, § 182; count 3). On September 1, 1994, appellant pled guilty to felony possession for sale of a controlled substance (count 2) and was sentenced to a suspended term of two years in state prison, five years formal probation, and 365 days in county jail.