Skip to content
Name: People v. Cardona
Case #: B261458
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 04/14/2016

Attempted murder conviction reversed because trial court should not have given a kill zone instruction. While at a party, Cardona and a fellow gang member tried to steal a tank of nitrous oxide from another partygoer, Jauregui, who resisted and stabbed Cardona. Cardona pulled out a gun and fired many times, killing Jauregui. Another partygoer standing nearby was also struck by a bullet and seriously injured. A jury convicted Cardona of first degree murder, attempted murder, and found true a number of enhancements. On appeal, Cardona argued that the court erred when it gave a kill zone instruction with respect…

View Full Summary
Name: People v. Aguilera
Case #: B261243
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 01/28/2016

One spouse may be convicted of robbery for the forcible taking of community property from the other spouse based on a temporary taking theory. Defendant forcibly took his wife's cell phone from her to prevent her from calling police while he was assaulting her. A jury convicted him of the second degree robbery of his wife (Pen. Code, § 211), and misdemeanor battery (Pen. Code, § 243, subd. (e)(1)). On appeal he challenged the robbery conviction because the cell phone was community property. Held: Affirmed. In People v. Llamas (1997) 51 Cal.App.4th 1729, the court held that one spouse may…

View Full Summary
Name: People v. White
Case #: D060969
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 06/18/2015
Subsequent History: Review granted 9/30/2015: S228049

Defendant could not be convicted of rape of an intoxicated person and rape of an unconscious person based on one act of intercourse. White was found guilty of rape of an intoxicated person (Pen. Code, § 261, subd. (a)(3) [count 1]), and rape of an unconscious person (Pen. Code, § 261, subd. (a)(4)(A) [count 2]) based on a single act of intercourse. In his first appeal, the court requested supplemental briefing on whether White's convictions on counts 1 and 2 should be consolidated under People v. Craig (1941) 17 Cal.2d 453 and its progeny, which stand for the proposition that…

View Full Summary
Name: People v. Johnson
Case #: A136120
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 06/30/2015

Where defendants were charged with murder under two different theories (one for first degree and one for second degree), trial court prejudicially erred by instructing jury that it need not be unanimous regarding the theory of murder (CALRIM No. 548). Defendants were convicted of first degree murder and attempted murder. The jury was presented with one theory of first degree murder (felony murder in connection with attempted robbery or attempted kidnapping) and one theory of second degree murder (aiding and abetting another who acted with malice aforethought). The court instructed the jury with CALCRIM No. 548, which informed the…

View Full Summary
Name: People v. Wilson
Case #: G048755
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 02/09/2015

Defendant could only be convicted of one count of making criminal threats (Pen. Code, § 422) for making multiple threats toward the same victim during a single encounter. During a 15 minute exchange with Rosales, Wilson twice threatened to kill Rosales and his family. Among other offenses, the prosecution charged Wilson with two counts of making criminal threats (Pen. Code, § 422): one for making Rosales fear for his family's safety and the second for making Rosales fear for his own safety. The jury convicted Wilson of both counts. He appealed. Held: Conviction on one count reversed. To convict a…

View Full Summary
Name: James v. California
Case #: F065003
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 08/26/2014

A misdemeanor battery committed against a spouse constitutes "misdemeanor crime of domestic violence" under federal gun law. [On transfer from the California Supreme Court after the United States Supreme Court's decision in U.S. v. Castleman (2014) 134 S.Ct. 1405.] After his arrest in 1996 for spousal battery (Pen. Code, § 273.5), James pled nolo contendere to misdemeanor battery (Pen. Code, § 242). In 2008, James applied to be a reserve deputy sheriff and learned the State of California considered his conviction to be a misdemeanor crime of domestic violence (MCDV), rendering him ineligible. In 2011, his application to purchase a…

View Full Summary
Name: People v. Shapiro
Case #: G048132
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 07/23/2014
Subsequent History: Review granted 10/22/2014: S220891

Defendant who communicated with out-of-state teenager over the Internet with the intent to seduce her and convince her to masturbate was properly convicted of violating Penal Code section 288.3. Shapiro met Jane Doe in an Internet chat room, falsely told the 14-year-old that he was only a few years older than her, and developed a relationship with her to the point where she thought she was in love with the nonexistent person Shapiro represented himself to be. When she turned 16, the relationship turned sexual. Shapiro was convicted of violating Penal Code section 288.3, which prohibits contacting a minor…

View Full Summary
Name: People v. Robinson
Case #: G048155
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 06/24/2014
Subsequent History: Review granted 9/24/2014: S220247

There was insufficient evidence to support appellant's convictions for sexual battery by fraud where the victims did not believe that his lewd conduct served a professional purpose. On multiple occasions, the appellant lured women to his beauty salon after hours by promising to give them free facial treatments. The appellant would provide some facial services, but ultimately began massaging each woman in a sexual manner. As to each of the four victims, he was convicted of two counts of sexual battery by fraud (Pen. Code, § 243.4, subd. (c)) for touching their breasts and vaginal area. Appellant challenged…

View Full Summary
Name: People v. Goldman
Case #: C069884
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/24/2014

Sex offender who failed to demur to overlapping charges regarding same victim forfeited claim on appeal. Goldman molested his nieces C. and B. over a period of several years. He was convicted of several sex offenses, including one count of lewd conduct (Pen. Code, § 288, subd. (a); count 1) on B. and one count of continuous sexual abuse (Pen. Code, § 288.5, subd. (a); count 2) on B. On appeal, he contended that his conviction for count 1 had to be vacated because the time period that the information alleged overlapped with the period of time…

View Full Summary
Name: People v. Rowe
Case #: D063847
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 04/04/2014

Magistrate erred in not binding over defendant on charges of soliciting rape and forcible sodomy where she posted online ads for sexual partners for an unwitting victim. Rowe became angry at the victim and her husband after they outbid her for the purchase of a house. As part of a series of harassing acts to retaliate against the victims, Rowe impersonated the female victim and posted an online advertisement seeking sexual partners for liaisons to occur while the victim's husband was at work. Several men responded and, during sexually explicit email exchanges, Rowe, still impersonating the victim, encouraged them to…

View Full Summary