CA Unpub Decisions

On May 19, 2019, appellant and the victim had been in a relationship for about two years. They were both homeless and used methamphetamine. On that day, they argued about another woman. The victim became angry and threw a small plastic bottle of laundry detergent at appellant’s back and told him to stay away from her. Appellant used a metal stick that was approximately two feet long to hit the victim on the top of her head. The stick cut her forehead and caused bleeding. Appellant tried to leave, but someone called the police. The victim told responding officers she did not want hospital treatment.
Plea and Probation

Appellant and defendant David Guillen Lopez pleaded guilty to one count of possession of a controlled substance with a firearm (Health & Saf. Code, § 11370.1, subd. (a)) and was sentenced to six years in state prison pursuant to a negotiated disposition. On appeal, defendant contends the court improperly ordered him to pay the restitution fine and fees without determining his ability to pay in violation of his constitutional rights to due process and equal protection under People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas). We affirm.

On September 25, 2019, appellant was held to answer in the Superior Court of Tuolumne County on count 1, felony receiving a stolen vehicle (§ 496d, subd. (a)), and count 5, misdemeanor driving with a suspended license (Veh. Code, § 14601.1, subd. (a)). Appellant pleaded not guilty and waived time. Further proceedings were delayed by the COVID-19 pandemic.
On October 21, 2020, appellant’s jury trial began. On October 22, 2020, appellant was convicted of both counts and remanded into custody.
On October 24, 2020, appellant was released on his own recognizance (OR). On November 16, 2020, appellant failed to appear for the sentencing hearing and the court issued a no-bail bench warrant for his arrest. On November 29, 2020, appellant was taken into custody. On December 1, 2020, appellant appeared in court and moved for another OR release; the motion was denied, and appellant remained in custody.

Appellant and D.V. began dating in April 2016. Throughout their relationship they have lived together intermittently and separated on numerous occasions.
In April 2017, appellant was convicted for felony domestic violence against D.V. (§ 273.5, subd. (a)). Appellant served time in prison for the conviction and was released approximately three weeks before committing the instant offenses.
On September 24, 2018, around 2:00 a.m., D.V. called 911 and reported appellant assaulted her and stole her cell phone and purse. Responding officers observed D.V. had multiple lumps and a bloody abrasion on her head and a scrape on her ankle.
At trial, D.V. testified appellant did not assault her. She claimed she received her injuries during a fight at a nearby park while she was drunk. She also claimed she could not remember much from that day due to her alcohol and marijuana use.

On July 3, 2007, a felony complaint was filed in Superior Court of Tulare County case No. VCF186455, charging appellant with count 1, second degree burglary of a vehicle, a 1998 Volvo S-70, on June 29, 2007 (§ 459), with two prior prison term enhancements (§ 667.5, subd. (b)).
On July 19, 2007, appellant pleaded guilty to the charged offense and admitted the two enhancements.
On August 16, 2007, the court denied probation and sentenced appellant to the midterm of two years for count 1, plus one year for one prior prison term enhancement, and ordered the second enhancement stricken.

On July 4, 2014, defendant fatally shot Raymond Fisher outside Fisher’s former father-in-law’s residence. At the time, defendant was in a dating relationship with Fisher’s ex-wife. (Sams, supra, F074751.)
On October 21, 2016, a jury found defendant guilty of second degree murder (§ 187, subd. (a)) and found true the allegation that he personally and intentionally discharged a firearm in the commission of the offense (§ 12022.53, subd. (d)).
On November 22, 2016, the trial court sentenced defendant to a term of 15 years to life for second degree murder, with a consecutive term of 25 years to life for the firearm enhancement, for an aggregate sentence of 40 years to life.
Defendant appealed and, on June 26, 2019, this court issued its opinion in defendant’s direct appeal. (Sams, supra, F074751.)

Defendant was charged with attempted residential robbery (§§ 211, 664; count 1), with the allegation that he personally used a firearm in the commission of the offense (§ 12022.53, subd. (b)); attempted residential burglary with the allegation that a nonparticipant was present (§§ 459, 460, subd. (a), 664, 667.5, subd. (c)(21); count 2); and assault with a firearm (§ 245, subd. (a)(2); count 3). The charges arose out of an incident in which the victim, who was at home with two young children in the early morning, heard a loud noise and looked outside to see Alfonzo Martinez standing outside her security door, which was then unlocked. Martinez attempted to tell the victim that he knew her husband, but did not respond when the victim asked him her husband’s name. The victim quickly locked her security door and, as she did so, saw defendant leaning against the wall. Defendant then moved away from the wall, stood next to Martinez, and pointed a firearm at the victim.

Because Noujaim challenges only the denial of the motion to suppress, we do not recount in detail the evidence introduced at trial and instead focus on the facts presented at the hearing on the suppression motion.
Deputy Damian Chavez of the Riverside County Sheriff’s Department was on duty as a motorcycle traffic officer on September 10, 2019, at 7:45 p.m. when he responded to a vehicle versus pedestrian collision near the intersection of Graham Street and Old Valley Road in Moreno Valley, arriving at 7:52-7:56 p.m. As he approached the scene, Chavez saw emergency medical personnel arriving and providing assistance to a person lying in the roadway, and a small crowd of people was gathering on the sidewalks. Chavez conferred with Deputy Aurelian Perde, who had arrived earlier, and they determined that Chavez would act as the primary deputy responsible for the investigation.

A. Prosecution Evidence
1. The Events of July 2014 to September 2014
In July 2014, Michele B. lived in a manufactured home in Phelan with her husband, Mark B., and her teenage daughter. Michele handled all of the family’s finances and paperwork, and she was in the process of obtaining an FHA (Federal Housing Act) loan to refinance the existing loan on the family’s home. The home sat on concrete blocks. On July 2, an appraiser valued the home at $125,000. The appraisal stated that the home met minimum HUD (Housing and Urban Development) standards.
Adrian Q. worked at a mortgage brokerage firm and was helping Michele with her refinancing. The lender was requiring a physical FHA inspection of the property. On July 8, 2014, Adrian Q. obtained a list of FHA inspectors, which included defendant, and he called defendant to perform the property inspection.

APPEAL from an order of the Superior Court of San Diego County, Michael T. Smyth, Judge. Affirmed.
Aaron J. Schechter, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
In 2003, Charles Benjamin Fowler was convicted of 10 counts of second degree robbery (Pen. Code, § 211) and one count of attempted second degree robbery (§§ 664 & 211). He was sentenced under the three strikes law to consecutive 25 years to life on counts 1-10 and 12, plus five years for a prior serious felony conviction (§ 667, subd. (a)(1)) for an aggregate term of 280 years in prison.

On April 23, 2017, Claudio M. was in front of his house when he saw Esquivel’s red Infiniti speeding toward the street “like a flash,” travelling between 60 and 70 miles an hour. Claudio then heard an explosion. At about this same time, sisters Crystal and Yesenia B. were in Crystal’s silver Honda along with their cousin, Jennifer L. Claudio’s neighbors, Raymond and Tabitha R., heard the collision out in front of their house; they saw Crystal’s Honda in the bushes nearby and Esquivel’s red car facing their house.
Raymond and Tabitha watched Esquivel get out of his car, take a few steps, then return to the vehicle and let a passenger out of the back seat. Both Esquivel and the passenger walked away in separate directions. Raymond and Tabitha got in their car, followed Esquivel, and contacted law enforcement to apprise them of his location as he continued to walk away. After following Esquivel for a few minutes, Raymond told Esquivel that he had to return to the scene.

APPEAL from an order of the Superior Court of San Diego County, Michael J. Popkins, Judge. Affirmed.
Pauline E. Villanueva, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
A jury convicted Kery Rashad Roberts of five counts of robbery (Pen. Code, § 211) and one count of burglary (§ 459). Roberts admitted a serious
 
felony prior conviction (§ 667, subd (a)(1)); one strike prior (§ 667, subds. (b)-(i)); and two prison priors (§ 667.5, subd. (b)). Roberts was sentenced to a determinate term of 21 years four months in prison.
Roberts appealed and this court affirmed the judgment in an unpublished opinion. (People v. Roberts (May 17, 2010, D055085).)
In 2021, Roberts filed a motion to correct his sentence, based principally on recent changes to section 654 arising from the passage of Senate Bill Nos. 81 and 483.

Mother has three minor children: S.M., A.M., and J.M. At the time dependency proceedings were initiated, S.M. and A.M. were three and two years old, respectively, and J.M. was a newborn infant. Mother first came to the attention of the San Diego County Health and Human Services Agency (Agency) in March 2015, when she gave birth to S.M. and both tested positive for methamphetamines. Mother admitted using methamphetamines during her pregnancy, including two days before S.M.’s birth. As a result, the family engaged in voluntary services with the Agency, during which Mother participated in a substance abuse treatment program and Narcotics Anonymous (NA) classes. She relapsed in July 2015. After more safety measures were put in place, Mother successfully completed services and the voluntary case was closed. She gave birth to her second child, A.M., in 2016.

Christopher filed a request for a DVRO against Andrew on May 12, 2021. He lodged documents in connection with his request. Neither the initial petition nor any documents lodged with the court in connection with the petition are in the record before us.
At the hearing, Christopher explained the two had broken up in February, and Andrew had repeatedly emailed him and texted him from numerous fake phone numbers. He told the court that his father’s car passenger window was busted in on February 27, 2021. Two minutes after the window was broken, Christopher received a text message from Andrew that said, “First one was just a tip of the iceberg. Text me back now.”
In Andrew’s submission opposing the request for DVRO, he supplied the court with a declaration and several exhibits. Andrew claimed Christopher had constantly made false claims against him in court, dating back to a conflict in October 2019.