500 matching results for "mk":
From CA Unpub Decisions
Defendant Steven Mathew Berrigan was convicted after a jury trial of first degree burglary of an occupied residence (Pen. Code, § 459; count three) and simple assault (§ 240; count two). In a bifurcated proceeding, Berrigan admitted five prior prison term enhancements (§ 667.5, subd. (b)). Berrigan was sentenced to the upper term of six years on count three and to consecutive terms of one year for each of the prior prison term enhancements. This included sentences on prior prison term enhancements of one year for a 1992 conviction and prison sentence for violating section 4532, subdivision (b) and a 1997 conviction and prison sentence for felony possession of methamphetamine pursuant to Health and Safety Code section 11377, subdivision (a). Berrigan was sentenced consecutively to two years for convictions on three counts in an unrelated criminal action. Berrigan’s total prison sentence is 13 years.
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From CA Unpub Decisions
On March 4, 2016, at the conclusion of a jury trial, Brenda Estefania Barrera was convicted of second degree murder (Pen. Code, § 187, subd. (a); count 1) and driving under the influence of a drug, causing great bodily injury (Veh. Code, § 23153, subd. (e); count 3). The jury also found true allegations that two of the three surviving victims were 70 years of age or older when they suffered personally inflicted great bodily injury (§ 12022.7, subd. (c)), and that the third surviving victim suffered personally inflicted great bodily injury (§ 12022.7, subd. (a)), but was not 70 years old or older.
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From CA Unpub Decisions
Appellant was convicted following a jury trial on one count of child abuse (Pen. Code, § 273a, subd. (a)) , and one count of corporal injury to a child (§ 273d, subd. (a)), both involving infliction of great bodily injury upon a child under the age of five (§ 12022.7, subd. (d)). Appellant admitted that he suffered a prior strike and prior serious felony conviction for robbery (§§ 211, 667, subds. (a)(1), (b)–(i), 1170.12, subds. (a)–(d)), and two prior prison terms for drug possession and felon in possession of ammunition (§ 667.5, subd. (b)). The trial court sentenced appellant on count one to the upper term of six years, doubled pursuant to the “Three Strikes” law, plus four years for the great bodily injury enhancement, and five years for the prior serious felony. The sentence on count 2 was stayed pursuant to section 654 and, in the interests of justice, the court struck the two prior prison term enhancements. Appellant was sentenced to an aggregate term of 21 ye
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From CA Unpub Decisions
A third amended information charged defendant and appellant Marshall Eddie Jones, Jr., with mayhem under Penal Code section 203 (count 1); assault with a firearm under section 245, subdivision (a)(2) (counts 2, 7); assault with a deadly weapon under section 245, subdivision (a)(1) (counts 3, 8, 9); willful infliction of corporal injury under section 273.5 (counts 4, 10); false imprisonment under section 236 (counts 5, 12); possession of ammunition by a prohibited person under section 30305, subdivision (a) (count 6); and dissuading a witness under section 136.1, subdivision (c)(1) (count 11). The information also alleged that defendant personally used a firearm in the commission of counts 2 and 7 under section 12022.5. The information further alleged for counts 4, 8, 9, and 10 that defendant personally inflicted great bodily injury on the victim under circumstances involving domestic violence under section 12022.7, subdivision (e).
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From CA Unpub Decisions
In 1995, when he was 17 years old, Donte Corothers shot and killed a man and took his gun. The following year, a jury convicted him of first degree murder with a lying-in-wait special circumstance and the trial court sentenced him to life without the possibility of parole (LWOP), which was then the presumptive punishment under Penal Code section 190.5. Contending his sentence is unconstitutionally cruel and unusual and the trial court did not adequately consider mitigating circumstances of his youth in sentencing him, Corothers petitions for a writ of habeas corpus. He asks this court to vacate his LWOP sentence and remand the matter for resentencing, or resentence him to 26 years to life in prison on the counts for which he received his LWOP sentence.
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From CA Unpub Decisions
A jury convicted Kevin Lee Bryant of two counts of premeditated attempted murder (Pen. Code, §§ 187, subd. (a), 664) and one count each of assault with force likely to cause great bodily injury (§ 245, subd. (a)(4)), corporal injury to a spouse (§ 273.5, subd. (a)), and false imprisonment by violence or menace (§ 236). As to certain offenses, the jury found that Bryant personally inflicted great bodily injury on the victim under circumstances of domestic violence. (§ 12022.7, subd. (e).) In bifurcated proceedings, the jury found that Bryant was sane during the commission of the offenses. It also found that Bryant had suffered a prior serious felony conviction. (§ 667, subds. (a), (c).) In this case (No. INF1200501), the trial court sentenced Bryant to a total term of 43 years to life imprisonment.
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From CA Unpub Decisions
Agustin Jimenez attacked his wife and stepdaughter in the family's home. As a result, Jimenez was arrested and eventually convicted by a jury of multiple crimes related to the incident: Two counts of false imprisonment (Pen. Code, §236 ), making a criminal threat (§ 422, subd. (a)), vandalism (§ 594, subd. (a)), evading police (Veh. Code, § 2800.2, subd. (a)), domestic battery (§ 243, subd. (e)(1)) as a lesser included offense of inflicting corporal injury on a spouse (§ 273.5, subd. (a)), and misdemeanor child endangerment as a lesser included offense of felony child endangerment. The jury also found Jimenez not guilty of assault with a deadly weapon and could not reach a verdict on a second count of the same crime. After trial, Jimenez admitted a prior serious felony conviction and the court imposed a total sentence of 12 years and two months, which included a five-year enhancement for the prior serious felony conviction under section 667, subdivision (a).
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From CA Unpub Decisions
A jury convicted Jonathan Kim of the first degree murder of Wileysha G., with the special circumstance of lying in wait (Pen. Code, §§ 187, subd. (a), 190.2, subd. (a)(15); count 1), and attempted murder of Samantha F. (§§ 664, 187, subd. (a); count 2). The jury found that Kim personally used a deadly or dangerous weapon while committing each offense (§§ 12022, subd. (b)(1), 1192.7, subd. (c)(23)) and that he personally inflicted great bodily injury upon Samantha (§§ 12022.7, subd. (a), 1192.7, subd. (c)(8)). In separate proceedings, Kim admitted one prior serious felony conviction (§667, subd. (a)), which is a strike prior. The court sentenced Kim to prison for 33 years plus life without the possibility of parole, which includes in each count a five-year enhancement for the prior serious felony conviction.
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From CA Unpub Decisions
A jury convicted Orlandous Tyrone Jackett of the first degree murder of Xavier F. (the victim) (Pen. Code, § 187, subd. (a); count 1) and found true an attached gang enhancement allegation (§ 186.22, subd. (b)(1)) and that he had personally discharged a firearm causing great bodily injury and death (§ 12022.53, subd. (d)). The jury also convicted him of three counts each of possessing a firearm by a felon (§ 29800, subd. (a)(l); counts 2, 3, and 7), and child endangerment (§ 273a, subd. (a); counts 4-6). Jackett later admitted one strike prior conviction, one serious felony prior conviction, and three prison prior convictions. He also admitted that he was released on bail when he committed the murder. The trial court sentenced him to an indeterminate term of nine years plus 75 years to life in prison and a determinate term of 16 years four months in prison.
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From CA Unpub Decisions
A jury convicted defendant Joseph Deandrea Spillers of robbery, carjacking, unlawfully driving or taking a vehicle, receiving a stolen vehicle, theft by false pretenses, domestic violence with a prior domestic violence conviction, and misdemeanor possession of heroin. The trial court sentenced him to 12 years 4 months in state prison.
Defendant now contends there is insufficient evidence to support the carjacking conviction. Finding no merit to the contention, we will affirm the judgment. |
From CA Unpub Decisions
Eric B. (the minor) was detained at birth due primarily to mother’s substance abuse. Mother’s parental rights to two other children had been previously terminated. Father is a registered sex offender with mental health issues. Prior to the minor’s birth, the parents had attempted to make arrangements to have L.A., the fiancée of mother’s cousin, be the minor’s guardian. The paperwork, however, was not completed before the minor was born. The minor was placed in a foster home and the Sacramento County Department of Child, Family and Adult Services (the Department) began assessment of L.A.’s home for placement.
The juvenile court took jurisdiction and bypassed parents for reunification services at disposition. The Department ultimately recommended against placement of the minor with L.A. Hearing on the matter took place concurrently with the Welfare and Institutions Code section 366.26 hearing. |
From CA Unpub Decisions
Plaintiff Christina C. sought a restraining order under Code of Civil Procedure section 527.6 to restrain her neighbors, defendant V.L. and defendant’s 15-year-old son, A.V., from harassing her and her minor son, A.C. The trial court granted Christina C.’s petition, ordering V.L., among other things, not to harass or intimidate her, A.C., or other family members.
V.L. appeals the civil harassment restraining order, arguing that she was denied her constitutional right to due process because she had no fair and meaningful opportunity to be heard. Finding no merit to her contention, we affirm. |
From CA Unpub Decisions
Defendant Raymond William Campbell was found guilty of several offenses, including making a criminal threat under Penal Code section 422. He was sentenced to serve five years eight months in prison.
Defendant contends (1) insufficient evidence supports his criminal threats conviction because no evidence showed he made a threat that had an imminent prospect of execution and (2) the trial court had a sua sponte duty to instruct the jury on attempted criminal threats as a lesser included offense to the criminal threats charge. We conclude sufficient evidence supports defendant’s criminal threats conviction, and the trial court did not err in refusing to instruct the jury on the lesser included offense of attempted criminal threats. We affirm the judgment. |
From CA Unpub Decisions
A jury convicted defendant Laterrial Desmones Jones of battery and criminal threats against his wife. In bifurcated proceedings, the trial court found true allegations that defendant had a prior strike conviction and a prior serious felony conviction. The trial court sentenced defendant to an aggregate term of seven years eight months in prison, consisting of the following: 32 months (the low-term doubled) for the criminal threats, plus five years for the prior conviction alleged on that count, and a concurrent term of six months for the battery.
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