CA Unpub Decisions
California Unpublished Decisions
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As part of a plea agreement, Erick Silva entered a guilty plea to one count of grand theft in an amount in excess of $950 (Pen. Code, § 487, subd. (a)). Silva admitted three prison prior convictions (§ 667.5, subd. (b)). The parties stipulated Silva would serve a six-year term in local custody (three-year upper term plus one year for each prison prior). The People agreed to dismiss the remaining counts and allegations and not to file further criminal charges on "known" burglaries and thefts. Silva agreed to waive the right to appeal the stipulated sentence.
Prior to sentencing, Silva requested the court to compel the office of appointed counsel (OAC) to provide him with a forensic psychological evaluation so he could request treatment under sections 4011 and 4011.8. The court denied Silva's request and sentenced him in accordance with the stipulation. |
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As a candidate for the San Diego County Board of Education in the 2016 elections, Mark Wyland sought to change his ballot designation from "President Education Nonprofit" in the primary elections to "Education Foundation President" in the general elections. Taxpayer Richard Cassar brought an action in the superior court successfully challenging the proposed designation as not being Wyland's "principal profession, vocation, or occupation" at the time of the request nor in the "calendar year immediately preceding" the request. (Elec. Code, § 13107, subd. (a)(3).) Wyland then requested "Educator" as his ballot designation, which Cassar unsuccessfully challenged on the same grounds via an emergency ex parte motion. Now, more than a year after the election, Cassar seeks to pursue an appeal from the summary denial of his request for ex parte relief.
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Plaintiffs Alpine Union School District (Alpine) and Alpine Taxpayers for Bond Accountability appeal a judgment in favor of defendants Grossmont Union High School District and Ralf Swenson in their action against Defendants for a permanent injunction, declaratory relief, taxpayer and school bond waste prevention, and a writ of mandate (Code Civ. Proc., § 1085). The crux of Plaintiffs' action was that Defendants breached their obligation under Proposition U, a school bond initiative passed by the voters in Grossmont's district in 2008, to construct a new high school in Alpine. Most importantly in this appeal, Prop.
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A jury found defendant James Edward Hewitt III guilty of being a felon in possession of a firearm (count 1) and a felon in possession of ammunition (count 2). The trial court sentenced defendant to four years on count 1 and a concurrent four years on count 2.
Defendant now contends the trial court should have stayed the sentence on count 2 pursuant to Penal Code section 654. The People agree and so do we. We will modify the judgment to stay the sentence on count 2 and affirm the judgment as modified. |
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Appointed counsel for defendant Timothy William Johnson asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Our review of the record identified a clerical error in the amended abstract of judgment that must be corrected, but we have found no other arguable error that would result in a disposition more favorable to defendant. Accordingly, we will affirm the judgment.
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Convicted of charges associated with a drive-by shooting and sentenced to a long determinate term in state prison, defendant Vincent Ramon Robinson appeals.
Defendant contends on appeal that the judgment must be reversed because a juror expressed the opinion that defendant could be convicted whether he was the actual shooter or just someone in the car, even though the jury was not instructed on aiding and abetting. We conclude that, even assuming there was jury misconduct, there was no prejudice because the juror’s misunderstanding of the law applicable to this case came to the court’s attention during deliberations and the court gave a clarifying instruction. Defendant contends we must remand, in any event, because he was sentenced on firearm enhancements and a new law, as enacted in Senate Bill No. 620, effective January 1, 2018, will give trial courts discretion to strike firearm enhancements in the interest of justice. |
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D.M., a minor, appeals from an order adjudicating him a ward of the court (Welf. & Inst. Code, § 602) after the juvenile court found true the allegation that D.M. possessed a weapon on school grounds (Pen. Code, § 626.10). The court placed him home on probation.
D.M. contends the juvenile court erred in granting a motion to amend the petition to change the description of the weapon he possessed from “taser” to “taser/stun gun” because (1) the amendment violated his due process right to adequate notice, and (2) there was insufficient evidence that he possessed a stun gun. We affirm. |
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Defendant and appellant Michael Dewitty was convicted of robbing a convenience store based largely, although not exclusively, on fingerprint evidence. Specifically, the robber had handled a package of gum, which he left near the store’s cash register, and the only two identifiable fingerprints on the gum matched defendant. On appeal, defendant challenges the sufficiency of the evidence that he was the robber. We affirm. We also reject defendant’s supplemental request that we remand for resentencing in light of a change in the law while this appeal was pending.
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S.M. appeals from two sustained allegations that he committed a lewd act upon a child, his cousin (the child). S.M. contends that the juvenile court’s findings were unsupported by substantial evidence. S.M. also challenges the child’s trial testimony, arguing she was incompetent to testify and that the juvenile court erred in admitting her prior out-of-court statements. We affirm.
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The trial court convicted Samuel Omar Becerra of one count of manufacturing butane honey oil (BHO). (Health & Saf. Code, § 11379.6, subd. (a).) It suspended imposition of sentence and granted Becerra three years of probation with terms and conditions, including 90 days in county jail. The court also ordered Becerra to refrain from associating with gang members.
Becerra contends the judgment should be reversed because the trial court convicted him for an incident unrelated to the charge in the information and the evidence adduced at the preliminary hearing. He also claims the court abused its discretion when it admitted evidence of a prior uncharged offense and imposed an invalid probation condition. We affirm. |
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Appellant John Joseph Keys was charged with battery upon a peace officer resulting in injury (Pen. Code, § 243, subd. (c)(2); count 1), and resisting a peace officer (§ 69; count 2). A jury convicted appellant, on count 1, of the lesser included offense of misdemeanor battery (§ 242). It also convicted him on count 2.
Appellant requested that his conviction on count 2 be reduced to a misdemeanor pursuant to section 17, subdivision (b). The trial court denied the request, suspended imposition of sentence and placed appellant on two years of formal probation. As a condition of probation, appellant was ordered to serve 300 days in county jail, with credit for time served of 261 days. |
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In 2012, Alvin Esteva was diagnosed with bipolar mania after attacking his wife. He was involuntarily committed to a mental institution for a period not to exceed six years, where he received treatment including psychotropic medication. Esteva requested release from the institution at every six-month review hearing, but the superior court denied each request on the ground that treating mental health professionals recommended he remain hospitalized. However, in 2016, the mental health professionals concluded Esteva no longer posed a danger to the community and recommended that he be released to supervised community outpatient treatment. The superior court nevertheless denied his latest petition for release. On appeal, Esteva contends the superior court abused its discretion by disregarding unanimous medical opinion and denying his petition.
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