CA Unpub Decisions

Defendant and appellant James Henry, Jr., along with another man, assaulted, subdued, and robbed the victim. Pursuant to a negotiated disposition, defendant eventually pled no contest to false imprisonment by force (Pen. Code, § 236) and second degree robbery (§ 211). In return, the remaining allegations were dismissed and defendant was sentenced to a total term of three years eight months in state prison with 1,112 days of credit for time served. Defendant appeals from the judgment. Based on our independent review of the record, we find no error and affirm the judgment.

Defendants and appellants Daniel Trujillo and Michelle Simona Ozaeta were charged by amended information with two counts of attempted murder. (Pen. Code, §§ 664, 187, subd. (a)(1), counts 1 & 2.) The amended information alleged that the attempted murders were committed willfully, deliberately, and with premeditation. (§ 664, subd. (a).) The amended information also alleged that Ozaeta personally and intentionally discharged a firearm (§ 12022.53, subd. (c)) in the commission of count 1, and she personally and intentionally discharged a firearm, which caused great bodily injury (§ 12022.53, subd. (d)), in the commission of count 2. A jury found both defendants guilty of counts 1 and 2 and found that the attempted murders were committed willfully, deliberately, and with premeditation. It further found that Ozaeta personally used a handgun within the meaning of section 12022.5, subdivision (a), as to both counts.

A jury convicted Domonic Cooper of pimping a minor over the age of 16 (Pen. Code, § 266h, subd. (b)) (count 1); pandering by procuring a minor over the age of 16 (§ 266i, subd. (b)(1)) (count 2); unlawful sexual intercourse (§ 261.5, subd. (c)) (count 3); and human trafficking of a minor for a sex act (§ 236.1, subd. (c)(1)) (count 4). The jury found that Cooper committed counts 1, 2, and 4 for the benefit of, at the direction of, or in association with a criminal street gang with specific intent to promote, further, or assist in criminal conduct by gang members within the meaning of section 186.22, subdivision (b)(1)(A). The jury also found Cooper's commission of count 4 involved the use of force, fear, fraud, deceit, violence, duress, menace, or threat of unlawful injury to the victim or another person within the meaning of section 236.1, subdivision (c)(2). In a bifurcated proceeding, the court found Cooper had a prior strike conviction.

In a recorded interview with a sheriff's investigator, defendant Ronald Littlefield admitted he had repeatedly had sex with and inappropriately touched one of his adopted daughters (Jane Doe 1), and that he had once touched—though not in a sexual manner—the butt of his other adopted daughter (Jane Doe 2). He was charged with 10 counts of sex offenses as to Jane Doe 1, and five counts as to Jane Doe 2. The jury found defendant guilty on all counts, and found true a multiple-victim allegation under California's "One Strike" law (§ 667.61). The trial court sentenced defendant to a determinate term of four years four months, and an indeterminate term of 195 years to life.

Appellant Nicole Ann Villarini-Nicholson entered a guilty plea to one count of identity theft (Pen. Code, § 530.5, subd. (a)). The remaining counts and allegations were dismissed as part of the plea bargain. Appellant was granted probation on various terms and conditions.
Appellant appeals challenging three of the probation conditions for the first time on appeal.

Ivy Anderson and Edward Moran filed a malicious prosecution complaint against Laurence Miscall, Jr., claiming Miscall brought three unsuccessful actions against them without probable cause and with malice. Miscall moved to strike the complaint under California's anti-SLAPP statute. (Code Civ. Proc., § 425.16.) The trial court denied the motion, finding Anderson and Moran met their burden to show a probability of prevailing on the cause of action with respect to at least one of the prior actions.

James Winter appeals from orders removing him as a cotrustee of his parents' family trust, finding it was in his mother's best interest to move into the family home with a restriction that she only use the first floor of the residence, and awarding his sister, Kimberly Winter, attorney fees. On appeal, James contends the probate court: (1) abused its discretion in removing him as a cotrustee; (2) erred in restricting his mother's use of the family home to the first floor; and (3) abused its discretion in awarding Kimberly attorney fees and costs because her actions did not benefit the trust. We reverse the trial court's order awarding attorney fees and costs to Kimberly. In all other respects, we affirm.

Defendant Tyler John Horisk pleaded no contest to driving under the influence and causing bodily injury to another. (Veh. Code, § 23153, subd. (b).) As part of a grant of probation, he was prohibited from using marijuana—including under a Proposition 215 recommendation —as well as entering a business or location where marijuana is the primary item for sale or use. Defendant appeals contending those conditions are invalid under the Lent test. We agree and will direct the trial court to strike or modify the conditions.

Appellant K.P., mother of the minor, appeals from the juvenile court’s orders terminating her parental rights. (Welf. & Inst. Code, §§ 366.26, 395.) She contends the juvenile court erred by failing to balance the proper factors and find she established the requirements for the beneficial parental relationship exception to adoption. She also contends the Yolo County Health and Human Services Agency (Agency) failed to comply with the inquiry and notice provisions of the Indian Child Welfare Act (ICWA). (25 U.S.C. § 1901 et seq.) Finding merit only in mother’s ICWA claim, we reverse and remand for further proceedings to comply with the ICWA.

This consolidated appeal involves B. P. (father), M. C. (mother), and their three children S. V., J. V., and C. V. (collectively, the minors). Father, mother, J. V., and S. V., appeal from findings and orders made on December 22, 2016, at a combined Welfare and Institutions Code sections 388 and 366.26 hearing regarding J. V. and C. V.
As to C. V., the juvenile court denied mother’s section 388 modification petition requesting the court place C. V. with mother or order reunification services. The juvenile court also terminated parental rights as to C. V.
As to J. V., the juvenile court denied mother’s section 388 modification petition requesting the court place J. V. with mother or order reunification services. The juvenile court continued J. V. as a dependent of the court in out-of-home placement, with a permanent plan of placement with the group home and a goal of reunification.

A jury found defendant Dequan Antonio Wright guilty of forgery and second degree commercial burglary. In a bifurcated proceeding, the trial court found true an allegation that defendant had a prior strike conviction. After denying defendant’s Romero motion to dismiss the prior strike conviction, the trial court sentenced defendant to an aggregate term of four years in prison.
Defendant now contends (1) the trial court should not have admitted counterfeit bills into evidence, because there were gaps in the chain of custody; (2) the trial court erred in admitting evidence of defendant’s return of certain merchandise and failed to instruct on the late disclosure of that evidence; and (3) the trial court abused its discretion in denying his Romero motion.
We will affirm the judgment.

A jury found defendant Sonny Dean Hutson guilty of a lewd act on a child (Pen. Code, § 288, subd. (a)) based on his touching the vagina of an 11-year-old girl. The trial court found true allegations that defendant had two serious prior felonies, a kidnapping in Texas and an assault with a deadly weapon in California, both as five-year enhancements (§ 667, subd. (a)) and as strikes (§§ 667, subds. (b)-(i), 1170.12), and that he had served a prior prison term (§ 667.5, subd. (b)). The court sentenced defendant to an indeterminate term of 25 years to life plus a determinate term of 11 years. Defendant appealed.

V. H., a minor, was charged with violation of Penal Code section 243.6, misdemeanor battery against a school employee. The juvenile court sustained the charge and placed the minor on six months probation pursuant to Welfare and Institutions Code section 725, subdivision (a). The minor’s appointed counsel filed a brief in which no issues were raised pursuant to People v. Wende (1979) 25 Cal.3d 436, 441-442. We affirm the judgment.

Ravindra K. Pande appeals the trial court’s judgment that a planned development’s covenants, conditions, and restrictions (CC&Rs) permit his neighbors to temporarily use a portion of his property to complete necessary repairs to their residence. He contends the CC&Rs do not provide easement or access rights. We affirm.