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Allen Andre Boone appeals from the judgment entered following his convictions by jury on count 2 criminal threats (Pen. Code, 422) with firearm use (Pen. Code, 12022.5, subd. (a)) and count 4 vandalism causing damage under $400, with admissions that he suffered a prior felony conviction (Pen. Code, 667, subd. (d)), a prior serious felony conviction (Pen. Code, 667, subd. (a)), and a prior felony conviction for which he served a separate prison term (Pen. Code, 667.5, subd. (b)). The court sentenced appellant to prison for 10 years 8 months. Court affirm the judgment.
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A jury found defendant and appellant Gerald Jones guilty of grand theft by embezzlement. (Pen. Code,[1] 487, subd. (a), count 1.) Defendant admitted that he had one prior strike conviction ( 1170.12, subds. (a)(d) and 667, subds. (b)(i)) and one prison prior ( 667.5, subd. (b)). On July 24, 2007, the court sentenced defendant to a total state prison term of seven years, which consisted of the upper term of three years on count 1, doubled because of the strike prior, plus a consecutive year for the prison prior.
Defendant worked as a cashier in a store. The stores surveillance cameras captured him stealing approximately $1500 from the business over the course of a few days while he was working. |
A jury found Walter Gueras guilty of second degree commercial burglary (count 1), receiving stolen property (count 3), resisting or delaying or obstructing an officer (count 4), and false representation to a peace officer (count 5). The trial court determined Gueras was previously convicted of a serious or violent felony qualifying as a strike under Penal Code sections 667, subdivisions (d) and (e)(1), and 1170.12, subdivisions (b) and (c)(1).[1] Gueras was sentenced to state prison for four years. The two-year middle term for count 1 was doubled pursuant to the Three Strikes law. The court imposed a concurrent four-year term for count 3 (the middle term of two years doubled by the strike). It suspended sentence on counts 4 and 5, both misdemeanors.
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In November 2004, following a jurisdiction hearing, the court found true allegations that appellant, Brandon J., a minor, committed assault with a firearm (Pen. Code, 245, subd. (a)(2)) and that in the commission of that offense, appellant inflicted great bodily injury (Pen. Code, 12022.7) and personally used a firearm (Pen. Code, 12022.5, subd. (a)). In February 2005, following the disposition hearing, the court ordered Brandon committed to the California Youth Authority[1]and set Brandons maximum period of physical confinement (MPPC) at 17 years.
Brandon appealed. Following independent review of the record, Court have concluded that no reasonably arguable legal or factual issues exist. The judgment is affirmed. |
In this appeal, (appellant) challenges the trial courts order that denied her motion to extend the statutory time in which to have the forfeiture of a bail bond vacated. Whether to grant such a motion is a matter within the trial courts discretion, and on the basis of the appellate record, we do not find the trial court abused its discretion when it denied appellants motion. Therefore, the summary judgment on the forfeiture be affirmed.
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The mother, appeals from a Welfare and Institutions Code section 366.26 parental rights termination order. The Welfare and Institutions Code section 366.26 order is reversed and the cause is remanded for compliance with the federal Indian Child Welfare Act requirements. Pursuant to the parties' stipulation, this decision is final. The remittitur is to issue forthwith. All other orders are affirmed.
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Defendant pled nolo contendere to driving under the influence and admitted having suffered a strike prior. As part of her plea bargain, she waived her right to appeal. Defendant was sentenced to the agreed-to term of 4 years in prison. There is no certificate of probable cause in the record before this court. Defendant appeals.
Court concluded an independent review of the record and found no arguable issues.
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Defendant was convicted of failing to update his registration as a sex offender. He was sentenced to prison and ordered to pay a restitution fine.
Defendant contends that the court violated the terms of his negotiated plea by imposing the $800 fine, which was not part of the plea agreement. Judgment Affirmed. |
Where a convicted murderer, an illegal alien in state prison, had an immigration hold placed on him so that he could be deported when released from prison. It was an error for the parole board to deny parole on ground that the illegal alien did not have parole plans-- job offer, support groups, etc.-- in California and in country of deportation, but error was harmless where nature of alien's crime--murder of witness to fight between alien and someone else after fight was over and alien returned from his apartment with a gun--was sufficient basis by itself to deny parole.
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Last listing added: 11:09:2015
Regular: 230
Last listing added: 11:09:2015