CA Unpub Decisions

Defendant Terry Adair Wright, Jr., pleaded no contest to a count of possession of ammunition by a convicted felon (Pen. Code, § 30305, subd. (a)(1)). The trial court dismissed a prior strike conviction (§ 1385) and sentenced him to a total term in prison of 16 months.
On appeal, defendant’s counsel has filed an opening brief in which no issues are raised and asks this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436. Counsel asserts that defendant is transient and could not be informed of counsel’s intention to file a Wende brief. We have sent a letter to county jail, which is the address counsel listed for defendant in his Wende brief’s proof of service, informing defendant of his right to submit written argument on his own behalf within 30 days. The letter was not returned as undeliverable. Thirty days have elapsed, and we have not received a response or any communication from defendant.

Defendant Angel Hernandez, Jr. appeals from a judgment entered based on his plea of no contest to violating Penal Code section 4573, subdivision (a), by bringing a controlled substance, heroin, into the Monterey County Jail. No history of the facts underlying the conviction is reflected in the record. As stipulated in the plea agreement, the court sentenced defendant to two years in county jail. He was further ordered to pay a restitution fine of $600 (Pen. Code, § 1202.4), a court operations assessment of $40 (Pen. Code, sec. 1465.8, subd. (a)(1)); and a court facilities assessment of $30. (Gov. Code, § 70373.) Defendant received credit for 36 days actually served and 36 days of good time/work time for a total of 72 days.

Defendant Apryl Diane Kennedy pleaded guilty to possession for sale of heroin, sale of heroin, maintaining a place for unlawful activities involving controlled substances, and misdemeanor possession of methamphetamine. The trial court placed defendant on probation. On appeal, defendant’s appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) that states the case and facts, but raises no issue. We attempted to notify defendant of her right to submit written argument on her own behalf within 30 days. The notices were mailed on December 21, 2017, and January 18, 2018, to her last known addresses, but the notices were returned. Despite reasonable attempts, this court has been unable to ascertain a current address for defendant.

A jury convicted defendant Marcus Casillas of first degree murder and found that he personally and intentionally discharged a firearm causing death . The trial court sentenced defendant to an indeterminate term of 50 years to life: 25 years to life for the murder, consecutive to 25 years to life for the section 12022.53, subdivision (d) allegation.
On appeal, defendant contends the trial court erred by finding the prosecution did not commit any discovery violations and by denying his requests for various sanctions for the claimed discovery violations. Defendant also contends the trial court erred by precluding him from introducing evidence of third party culpability. For reasons that we will explain, we will affirm the judgment but order a limited remand.

A jury convicted defendant Frank Acosta, Jr., of sale or transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a), count 1, all references are to this code unless otherwise noted) and possession for sale of methamphetamine (§ 11378, subd. (a), count 2). Defendant admitted sentence enhancement allegations charging six prior felony Health and Safety Code convictions (§ 11370.2, subd. (c)), and three prior prison term convictions (Pen. Code, § 667.5, subd. (b)).
The court sentenced defendant to a total term of 10 years in prison, consisting of: a base term of four years on count 1; plus a consecutive term of three years for one section 11370.2, subdivision (c) enhancement; plus consecutive terms of one year for each of the three Penal Code section 667.5, subdivision (b) enhancements. The court also imposed but stayed (Pen. Code, § 654) a term of five years on count 2, which included a term of three years for one section 11370.2, subdivision (c) enhancement.

Defendant David M. was recommitted to Coalinga State Hospital (CSH) for an additional year of treatment as a mentally disordered offender (MDO). On appeal, he contends there was insufficient evidence he currently suffered from a severe mental disorder and was currently dangerous. We conclude the evidence was sufficient and affirm the order extending defendant’s commitment.

Defendant and appellant, P.M. (mother), challenges the court’s orders (1) refusing to return her daughter, D.M., to her care or reinstate reunification services, and (2) terminating her parental rights over D.M. Mother contends the court erred in denying her petition under Welfare and Institutions Code section 388 because she showed a change of circumstances, and that a return to her care or renewed reunification services promoted D.M.’s best interests. Alternatively, mother argues, the court should have applied the beneficial parent-child relationship exception to adoption. We reject both challenges and affirm the orders.

After terminating A.M.’s (mother) reunification services as to her three daughters the juvenile court issued an order reducing her visits from once a week to once a month, based on a request by the San Bernardino County Children and Family Services (the department). Mother appeals that visitation order, arguing she was not provided due process in the form of notice or opportunity to object to the department’s request. We disagree and affirm.

A jury found defendant and appellant, Jonnabeth Ayala Morales, guilty as charged of two counts of robbery (Pen. Code, § 211; counts 1-2), two counts of attempting to dissuade witnesses (Pen. Code, §§ 664, 136.1, subds. (a)-(c); counts 3-4), and one count of throwing an object capable of doing serious bodily harm at a vehicle (Veh. Code, § 23110, subd. (b); count 5). The jury also found sentencing enhancements true in counts 1 through 4—that defendant personally used a firearm in the robberies (Pen. Code, § 12022.53, subd. (b)), and acted maliciously, and either used or threatened to use force or acted to obtain something of value in the witness dissuasion counts (Pen. Code, § 136.1, subd. (c)).

Defendants and appellants, Jose Jesus Garcia (Jose), Lazaro Garcia (Lazaro), and Homero Garcia (Homero), were convicted by the same jury of committing sex offenses against at least one of three children under age 10: Jane Doe 1 (Jane), her brother John Doe (John), and their maternal cousin, Jane Doe 2 (Jane 2). The crimes were committed in a Moreno Valley home that defendants shared with John, Jane, and their parents. Jane 2 often visited the home. Lazaro and Jose are paternal uncles and Homero is a paternal cousin of John and Jane.
Homero was convicted in counts 1 and 2, and Lazaro in counts 3 and 4 of having sexual intercourse with Jane, a child under age 10. (Pen. Code, § 288.7, subd. (a).) Homero and Lazaro were each sentenced to 50 years to life in prison (two consecutive terms of 25 years to life).

Defendants and appellants, Jose Jesus Garcia (Jose), Lazaro Garcia (Lazaro), and Homero Garcia (Homero), were convicted by the same jury of committing sex offenses against at least one of three children under age 10: Jane Doe 1 (Jane), her brother John Doe (John), and their maternal cousin, Jane Doe 2 (Jane 2). The crimes were committed in a Moreno Valley home that defendants shared with John, Jane, and their parents. Jane 2 often visited the home. Lazaro and Jose are paternal uncles and Homero is a paternal cousin of John and Jane.
Homero was convicted in counts 1 and 2, and Lazaro in counts 3 and 4 of having sexual intercourse with Jane, a child under age 10. (Pen. Code, § 288.7, subd. (a).) Homero and Lazaro were each sentenced to 50 years to life in prison (two consecutive terms of 25 years to life).

I.V. (minor) appeals an August 9, 2017 order of the juvenile court requiring him to participate in the Reflections Day Treatment Program (Reflections or program) as a condition of probation. Minor proceeds in accordance with People v. Wende (1979) 25 Cal.3d 436 (Wende). Affirmed.

A jury found defendant and appellant Christian Leon guilty of one count of willfully injuring a victim with whom he formerly had a dating relationship, in violation of Penal Code section 273.5, subdivision (a), and one count of assault with a deadly weapon, in violation of section 245, subdivision (a)(1). Leon’s appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) raising no issues on appeal and requesting that we independently review the record. We have done so, and we affirm.

This case arises from the gang-related murder of Troy Morris on February 16, 2006. Following a prolonged investigation, defendants Vernon Lenzelle Evans and Nessane Tereso Cacho were jointly charged with one count of murder (Pen. Code, § 187, subd. (a)) including several firearm and gang enhancement allegations (§§ 12022.53, subds. (b)-(e), 186.22, subd. (b)(1)(C)). Defendants’ first and second trials both ended in mistrials as a result of hung juries. On November 6, 2014, following their third jury trial, defendants were convicted of first degree murder with true findings as to the firearm and gang enhancement allegations. The trial court sentenced each defendant to a total term of 50 years to life in state prison