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Name: People v. Govan (2023) 91 Cal.App.5th 1015
Case #: B316245
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 05/22/2023

It was an abuse of discretion to require a restraint belt without an individualized finding that defendant posed a safety or flight risk or was likely to disrupt the proceeding. A jury found defendant guilty of three counts of false imprisonment by violence; three counts of forcible oral copulation; three counts of forcible rape; and one count of attempted forcible rape. Because of the pandemic, jury selection was held in an unsecured room normally used for jury assembly. Because of this, and the seriousness of the charges, the trial court ordered defendant to be physically restrained by way of a…

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Name: People v. Jones
Case #: C087494
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/02/2021

Although victim did not see, hear, or feel defendant's gun, there was sufficient evidence to support personal gun use enhancement. Jones approached the victim (and her toddler grandchild) as she entered her car, gesturing as if he had a gun in pocket, and told her nothing would happen if she did what he said. He demanded her cell phone so she could not call the police and directed her to drive him around to various locations. He eventually took over driving and the victim actually saw the gun at this time. Later he parked the car and forced the victim…

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Name: People v. Jacobo
Case #: D074887
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 07/02/2019

Aggravated human trafficking under a pandering theory (Pen. Code, § 236.1, subd. (b)) can be committed when only two persons are involved, i.e., the panderer and the victim, and does not require that the panderer intend to procure the victim for a third person. Defendant used a Facebook account under a fictional female persona to send "friend" requests to seven minor females urging them to become prostitutes. Four of the minors agreed to meet with a "date" who was actually defendant. He engaged in sexual acts with the minors and took sexually explicit photographs of them. He was convicted of…

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Name: People v. Carter
Case #: D073865
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 04/29/2019

In case involving multiple theories to support first degree murder conviction, jury's not-true finding on personal firearm use enhancement did not foreclose trial court's discretion under Penal Code section 654 to impose sentences for both first degree murder and attempted robbery. Carter, his cousin, and another man broke into the victim's home to steal his marijuana. During the attempted robbery, the victim and Carter's two accomplices were shot and killed. Carter was convicted of first degree murder and attempted robbery of the victim. The jury found "not true" the allegation that Carter personally and intentionally discharged a firearm. The…

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Name: People v. Dearborne
Case #: G054763
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 03/21/2019

Pinning down a victim and pressing an object the victim believed to be a gun into her side constituted force sufficient for a conviction for forcible rape. A jury convicted Dearborne of various sex, kidnapping, and robbery offenses, including two counts of forcible rape in concert (Pen. Code, § 261.4, subd. (a)) and forcible oral copulation in concert (Pen. Code, § 288a, subd. (d)), after Dearborne and his girlfriend kidnapped a victim and raped her, then forced the victim into acts of prostitution with a john. On appeal, Dearborne challenged the sufficiency of the evidence of the forcible rape in…

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Name: People v. Jimenez
Case #: D073313
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/21/2019

Defendant's motion for new trial was properly denied because a police report used by the prosecution at sentencing, implicating defendant in an unrelated shooting, was not Brady material and there was not a reasonable probability of a different result on retrial. Jimenez led officers on a high-speed chase with two children in the car. At one point, he drove straight toward a marked patrol vehicle, causing the officers to swerve at the last moment to avoid collision. A jury convicted Jimenez of assault with a deadly weapon on a peace officer, two counts of felony child abuse, and evading a…

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Name: People v. Beman
Case #: A153841
Court: CA Supreme Court
District 1 DCA
Division: 2
Opinion Date: 02/21/2019

Trial court did not err by imposing consecutive sentences for conspiracy and the substantive offenses. Beman pleaded no contest to one count of conspiracy to commit human trafficking based on allegations that for more than seven years he and his coconspirators used threats, force, and violence in pimping at least three victims. Beman also pleaded no contest to two counts of human trafficking for his conduct against one of the three victims. Beman was sentenced to prison. He appealed, arguing that the two consecutive terms for the substantive human trafficking counts must be stayed under Penal Code section 654 because…

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Name: People v. Wong
Case #: B283174
Court: CA Supreme Court
District 2 DCA
Division: 8
Opinion Date: 09/28/2018

Where defendant convicted of attempted murder used three different weapons during attack on his wife, only one of three deadly weapon enhancements may be separately punished (Pen. Code, § 654). Wong suspected his wife was having an affair and attacked her with scissors, a butcher knife, and a knife. He was convicted of willful and deliberate premediated attempted murder. Three deadly weapon enhancements for use of scissors, a butcher knife, and a knife, and a great bodily injury enhancement were all found true. Wong was sentenced to life in prison, plus a consecutive five-year term for the great bodily…

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Name: People v. Tom
Case #: C083983
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/13/2018

Defendant could not be convicted of violating both subdivision (a) and (b) of the animal cruelty statute based on the same conduct. Defendant beat, stabbed, and strangled a small dog, and attempted to burn the deceased dog's body. He was convicted two counts of animal cruelty (Pen. Code, § 597, subd. (a)—count one, & subd. (b)—count two), obstructing an officer (Pen. Code, § 148, subd. (a)(1)), and attempted arson (§ 455). On appeal, defendant argued his conviction on count two should be reversed because it was based on the same conduct supporting the count one conviction. …

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Name: People v. Elder
Case #: H042189
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 04/26/2017

Defendant may not be punished for both personal infliction of great bodily injury to victims in vehicular manslaughter case and inflicting bodily injury to multiple victims. Elder was convicted of two counts of gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)) and other driving-while-intoxicated offenses. The jury found true allegations that he personally inflicted great bodily injury (GBI) on three people in the commission of the offense (Pen. Code, § 12022.7, subd. (a)) and inflicted bodily injury to multiple victims (Veh. Code, § 23558). His prison term included two years for the bodily injury to multiple victims…

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