CA Unpub Decisions

A police officer stopped a car after seeing an expired registration. The car initially pulled over, but when the officer got out of his vehicle, the driver drove a little bit further, before stopping again. When the officer ordered the driver to get out of the car there was a noticeable delay and the officer could see the car shake. The officer later searched the car. He found methamphetamine and the component parts of a disassembled handgun near the driver’s seat and the front passenger floorboard.
The jury convicted the driver, defendant Juan Eduardo Castro-Vasquez, of possessing a controlled substance while armed with a loaded, operable firearm. The jury also found true a related sentencing allegation that defendant possessed a concealed, unregistered firearm and unexpended ammunition that was readily accessible to him.

A jury convicted Daniel Alvarez of first degree murder and possession of a firearm by a probationer. Defendant was found to have personally discharged a firearm causing death in the commission of the murder. The court sentenced defendant to an indeterminate term of 50 years to life.
Defendant asserts the court abused its discretion by denying his motions to strike a witnesses’ testimony and for a mistrial, the prosecutor committed misconduct, defense counsel rendered ineffective assistance of counsel, and insufficient evidence supports the verdict.
We conclude the court erred by denying defendant’s motion to strike, but the error is harmless beyond a reasonable doubt. We reject defendant’s remaining contentions and affirm the judgment.

During a road trip to visit relatives, defendant Javier Romero Oquita rented a motel room, where he watched a pornographic movie and moved his nephew’s hand and head toward his exposed penis. He was subsequently convicted of two counts of committing a forcible lewd act against a child under the age of 14 years (counts 1 & 2) and one count of sending or exhibiting harmful matter to a minor (count 3). Defendant was sentenced to a total determinate term of 10 years in state prison as follows: the middle term of two years on count 3, a consecutive middle term of eight years on count 1 and, concurrent with the term on count 1, the middle term of eight years on count 2.

On June 23, 2016, defendant and appellant Keith McLennan (defendant) entered into a plea agreement and pled guilty to one count of unlawful taking of a 2008 Honda Accord in violation of Vehicle Code section 10851, subdivision (a), and admitted one prior conviction under Penal Code section 666.5 for receiving a stolen vehicle in violation of Penal Code section 496d. In exchange, defendant received a split sentence consisting of the upper term of four years, which included one year of confinement in county jail; and three years suspended during service of probation. At that time, defendant had a total of 30 custody and conduct credits.

Defendant is serving 185 years to life for robbing three separate fast food restaurants at gunpoint. During two of the robberies, he forced the employees to enter a walk-in refrigerator while he and his accomplice(s) left the premises. Defendant challenges the three convictions for aggravated kidnapping for robbery as unsupported by the evidence. He raises three other minor points in initial briefing, one of which the trial court has already corrected, and two of which the People concede. Because the evidence shows in each incident the robbery was completed before defendant ordered the victims into the refrigerator, we affirm defendant’s convictions for aggravated kidnapping for robbery. In supplemental briefing, defendant additionally seeks remand so the trial court can exercise its discretion under the newly enacted Senate Bill No. 620 (2017-2018 Reg. Sess.) to consider striking one or more of the Penal Code section 12022.53 firearm enhancements. We remand.

A jury convicted John Paul Silva of 24 counts of committing a lewd or lascivious act upon a child 14 or 15 years of age by a person at least 10 years older than the child. (Pen. Code, § 288, subd. (c)(1); counts 3–26.) The court sentenced Silva to an aggregate term of 17 years four months.
Silva contends the court abused its discretion in a number of evidentiary rulings, namely (1) refusing a defense request to play the entire police interview of the victim that preceded the pretext call, (2) precluding introduction of Silva's recorded interview statement, (3) permitting three witnesses to testify under the fresh complaint doctrine, (4) allowing a witness to testify about Silva's comment about the Minor's vaginal odor, and (5) precluding the defense from impeaching Stepmother with evidence of a false kidnapping accusation. Silva further contends cumulative error deprived him of his right to a fair trial.

Alfredo Sierra was caught smuggling drugs into the country. As part of a plea bargain, the parties agreed he would be sentenced to an eight-year "split" sentence, with the "court to determine [the] split." However, the probation department later determined a split sentence was not practicable because Sierra—a Mexican citizen residing in the U.S.—had an immigration hold and would likely be deported following his release from custody. Therefore, instead of sentencing him to an eight-year split sentence, the court sentenced Sierra to five years in local custody. On appeal, Sierra contends the court erred by deviating from the sentence specified in the plea bargain without first giving him the opportunity to withdraw his plea. Alternatively, he contends his trial counsel was ineffective for renegotiating the plea bargain without Sierra's participation or consent.

The People charged Kurene Mulipola with assault by means likely to produce great bodily injury (count 1) and battery with serious bodily injury (count 2). With respect to count 1, the People alleged that Mulipola inflicted great bodily injury. The People further alleged that Mulipola previously suffered two prison priors, a serious felony prior, and a strike prior. A jury found Mulipola guilty of the charged offenses and found the great bodily injury enhancement true. Mulipola admitted the prior conviction allegations. The trial court sentenced Mulipola to an aggregate term of twelve years in prison, and imposed a restitution fine in the amount of $10,000.

After unsuccessfully arbitrating a dispute with a former business partner, plaintiffs and appellants Timothy Belnap and Tim M. Belnap, D.D.S., Inc. (collectively Belnap) sued defendants and respondents, attorney Aaron D. Roberts and Roberts's then law firm, Circuit McKellogg Kinney & Ross, L.P., eventually asserting causes of action for fraud, legal malpractice, breach of fiduciary duty and violations of the Unfair Competition Law (UCL; Bus. & Prof. Code, § 17200 et seq.). The trial court granted summary judgment in favor of defendants, citing the arbitrator's findings and award and ruling there was no triable issue of material fact on the issue of causation, a necessary element of all of the causes of action.

Appointed counsel for defendant Erin Alan Quick has asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) We shall modify the judgment to strike a prior prison term enhancement that was imposed and stayed and affirm the judgment as modified.
I
We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

Following a jury trial, defendant Edward Steven Debbs was convicted of possession of methamphetamine for sale (Health & Saf. Code, § 11378). The trial court sustained a strike allegation and sentenced defendant to a six-year state prison term.
On appeal, defendant contends the trial court prejudicially erred in failing to give a unanimity instruction. We shall affirm.

In an amended petition appellant minor J.T. was charged with second degree robbery (Pen. Code, § 211) with personal use of a firearm by a principal (Pen. Code, § 12022, subd. (a)(1)). After a hearing, the sole count with the enhancement was found true. This appeal follows.

In an amended petition appellant minor S.M. was charged with second degree robbery (Pen. Code, § 211; count 1). It was further alleged that S.M. personally used a handgun within the meaning of section 12022.53, subdivision (b), causing this offense to be both a serious felony (§ 1192.7, subd. (c)(8)) and a violent felony (§ 667.5, subd. (c)(8)). He was also charged with minor in possession of a firearm (§ 29610; count 2). After a hearing, all the allegations were found to be true, and the petition was sustained with count 1 determined to be a strike. This appeal follows.

The dependency court sustained jurisdiction over J.L.’s (mother) four youngest children, ages 14, 12, 10 and 6, and ordered them removed from her custody. On appeal, mother challenges the assertion of jurisdiction over her 10-year-old daughter, and argues there was no substantial evidence she physically abused that child. Mother also appeals from a restraining order protecting father and the three youngest children from her. She argues there was no substantial evidence she was a threat. We disagree and affirm.