Justia California Court of Appeals Opinion Summaries

In 2014, Lamar Canady was shot to death in broad daylight in the Oak Park neighborhood of San Diego. After months of investigation by police, with the assistance of the Federal Bureau of Investigation (FBI) and authorities in Kansas City, Missouri, defendants Peter Johnson and Ian Guthrie were arrested and eventually charged with murder (count 1) and assault with a semiautomatic firearm (count 2) for Canady's death. The information also alleged that Johnson intentionally and personally discharged a firearm during the commission of the murder, causing death, and that he had a strike prior and serious felony prior stemming from a 1998 murder conviction in Jamaica. The information alleged Guthrie had a strike prior and serious felony prior stemming from a 1997 manslaughter conviction in New York. The investigation into Canady's death revealed Johnson and Guthrie were participants in a conspiracy to kill Canady led by drug kingpin Omar Grant. After a joint trial but with separate juries, Johnson and Guthrie were both convicted of first degree murder. Johnson's jury also found true the allegation that Johnson personally discharged a firearm resulting in Canady's death. Johnson and Guthrie appealed their convictions on various grounds. Guthrie asserted: (1) the trial court erred by denying his motion to suppress statements made to police after he invoked his right to counsel during his postarrest interview; (2) insufficient evidence supported the prosecution's theory that he aided and abetted Canady's murder; (3) the trial court abused its discretion by admitting into evidence a rap song recorded by Canady prior to his death; (4) that even if the errors individually do not require reversal, cumulatively they do; and (5) that the trial court abused its discretion by denying the defendants' motion to continue the sentencing hearing to allow additional discovery concerning police use of a cell site simulator to locate him. Johnson asserted the trial court erred by failing to instruct on the lesser included offenses of second degree murder and voluntary manslaughter, and that the use of his Jamaican conviction as a prior strike and prior serious felony ran afoul of his right to equal protection under the California and United States Constitutions. Both men also contended the trial court abused its discretion by admitting into evidence testimony and documents concerning their illegal entry into the United States. The Court of Appeal concluded these claims lacked merit, and accordingly affirmed both men's convictions. View "California v. Johnson" on Justia Law

The superior court denied Jackson’s motion to dismiss an indictment issued by a grand jury charging him with special circumstances murder, kidnapping, and rape. The motion, based on Penal Code section 9951 and on nonstatutory grounds, alleged that the deputy district attorney’s excusal of a juror for cause, in the presence of the remaining grand jurors, substantially impaired the independence and impartiality of the grand jury, deprived Jackson of a substantial right, and violated his right to due process. The California Supreme Court is currently considering whether a prosecutor’s improper dismissal of a grand juror denied a defendant a “substantial right.” The court of appeal concluded that while the prosecutor’s dismissal of the grand juror was improper and violated section 939.5, it did not rise to the level of a violation of due process rights. The record shows that, if anything, the excused grand juror was arguably unfavorable to the defense, since he had met the victim several times and had read newspaper accounts of her rape and murder. While the prosecutor excused the prospective juror in the presence of the other grand jurors, he did so with the stated objective—communicated to the entire grand jury—of ensuring a fair and impartial proceeding: “ View "Jackson v. Superior Court" on Justia Law

Defendant Ryan Booth was convicted of: five counts of sexual penetration of a child 10 years old or younger (counts 2, 3, 5, 7, & 10); three counts of oral copulation of a child 10 years old or younger (counts 1, 4, & 6); five counts of preparing pornographic images of a minor (counts 8, 11, 12, 13, & 14); one count of possessing child pornography (count 9); and one count of sexual exploitation of a child (count 15). As to count 9, the jury found it to be true that defendant possessed more than 600 images and 10 or more images involving a prepubescent minor or a minor under 12 years old. Defendant was sentenced to a determinant term of 8 years 4 months, plus an indeterminate term of 120 years to life. Defendant raised two issues on appeal: (1) the trial court erroneously believed it had no discretion to run the section 288.7 (sexual penetration and oral copulation) sentences concurrently; and (2) section 311.4 did not apply to what he did. Finding no reversible error, the Court of Appeals affirmed the trial court's judgment. View "California v. Booth" on Justia Law

The Court of Appeal affirmed an order granting the petition of the Public Guardian of the County of San Luis Obispo for reappointment as the conservator of S.A. In this case, the jury found beyond a reasonable doubt that S.A. continued to be gravely disabled as a result of a mental disorder. The court held that the Public Guardian was authorized to offer S.A.'s records to prove the historical course of her mental disorder, and the manner of production and use of the records did not violate S.A.'s statutory or constitutional rights. View "Conservatorship of S.A." on Justia Law

Defendant Brian Koback walked into a rental car company office and stole a set of car keys. Defendant would ultimately be charged with and convicted of robbery, assault with a deadly weapon, and resisting arrest. Defendant admitted he had suffered a strike conviction, and the trial court sentenced him to state prison for 14 years four months. On appeal, defendant argued: (1) his conviction for assault with a deadly weapon was not supported by substantial evidence because there was no evidence he used the car keys in a manner that was capable of inflicting and likely to cause great bodily injury; (2) the trial court abused its discretion by imposing consecutive sentences on the robbery and resisting arrest counts, under the mistaken belief that it could only impose concurrent sentences if it struck defendant’s strike prior; (3) the minutes of sentencing and abstract of judgment did not accurately reflect the oral pronouncement of sentence with respect to restitution and parole revocation fines; and (4) the minutes of sentencing contained a clerical error, in that they reflected that defendant admitted two strike priors instead of one. In the published portion of its opinion, the Court of Appeal concluded defendant’s conviction for assault with a deadly weapon was supported by substantial evidence: "a car key is not an inherently deadly or dangerous weapon, but if wielded as a makeshift weapon with sufficient force at close range, as defendant did here, a key is capable of puncturing skin and causing serious bodily injury." In the unpublished portion of this opinion, the Court concluded the trial court erred when it concluded the only way it could impose concurrent sentences on defendant’s robbery and resisting arrest convictions was if it first struck defendant’s admitted strike prior. The Court therefore reversed the sentence and remanded for the trial court to resentence defendant and to consider in the first instance whether concurrent sentencing was appropriate in this case. View "California v. Koback" on Justia Law

Petitioners sought a writ of mandate directing the superior court to vacate its order denying their motion for summary judgment and issue an order granting the motion. The Court of Appeal issued a stay pending this court's resolution of the petition and an order to show cause why a writ of mandate should not issue. In this case, real party in interest's complaint alleged that petitioners' breakfast cereals were required by California's Proposition 65 to display cancer and reproductive harm warnings because they contain acrylamide. The court held that the Proposition 65 claim was preempted by federal law and granted the petition. The court directed the superior court to vacate its order denying petitioners' motion and enter a new and different order granting the motion. View "Post Foods, LLC v. Superior Court" on Justia Law

The Court of Appeal affirmed the trial court's judgment against plaintiff in an action alleging that Hughes violated the California Disabled Persons Act (DPA). Plaintiff alleged that under the DPA, the store was obliged to designate an accessible path of travel from the street to the store’s entrance that did not require wheelchair-bound patrons to travel behind parked vehicles. The court found no error in the trial court's conclusion that the 2013 CBSC standards applied to all the incidents identified in the first amended complaint; under the 2013 CBSC standards, Hughes was not required to provide an accessible route that did not pass behind parked cars for persons using wheelchairs; and the trial court did not err by determining that plaintiff failed to plead a signage-based claim. View "Baskin v. Hughes Realty, Inc." on Justia Law

A jury convicted Antonio Torres of two counts of committing a lewd act with a minor under 14 years old, and found true the allegations that he had substantial sexual conduct with the minor. The court sentenced him to a total term of eight years and ordered him to pay various fines and fees, including victim restitution. Torres' appointed appellate counsel presented no argument for reversal, but asked the Court of Appeal to review the record for error on whether: (1) defense counsel was ineffective for failing to raise Miranda1 and voluntariness of confession issues; (2) sufficient evidence supported the lewd conduct and substantial sexual conduct findings; (3) the trial court erred by admitting a forensic interview into evidence; (4) the court erred when it gave the jury a pinpoint instruction defining masturbation; (5) the court erred by imposing the middle term sentence rather than the lower term sentence; and (6) the court erred by imposing consecutive sentences. The Court concluded that while the interrogation was not custodial when it began, the totality of the circumstances showed that it became custodial, and Torres should have received Miranda warnings when the detectives essentially told Torres that they would not leave, and he could not go home, until Torres told them the truth based on the evidence they had against him. The Court also concluded Torres would have prevailed on a suppression motion, and that the failure to file a suppression motion was prejudicial. Therefore, the Court reversed the judgment based on ineffective assistance of counsel. Accordingly, it was unnecessary for the Court to consider the other issues raised. View "California v. Torres" on Justia Law

In this wrongful death action, a jury found Deputy David Aviles liable for intentional battery by use of excessive force and Deputy Paul Beserra liable for negligence resulting in Darren Burley's death. The jury awarded plaintiffs $8 million in noneconomic damages and the trial court entered judgment against Aviles for the full amount of the award based on the jury's finding that he intentionally harmed Burley.The Court of Appeal agreed with defendants that Civil Code section 1431.2 mandates allocation of the noneconomic damages award in proportion to each defendant's comparative fault, notwithstanding the jury's finding of intentional misconduct. Therefore, the court directed the trial court to vacate the judgment and enter separate judgments for each of Deputies Beserra and Aviles, holding them liable for the noneconomic damages award in an amount proportionate to the jury's comparative fault determinations. The court also held that the summary adjudication order must be reversed because plaintiffs presented sufficient evidence to raise a triable issue as to whether the deputies acted intentionally in interfering with Burley's right to be free from unreasonable seizures. View "B.B. v. County of Los Angeles" on Justia Law

Ahmed operated a business selling medical marijuana products in Livermore, which has an ordinance that prohibits marijuana dispensaries. The city issued an administrative citation and ordered him to cease operations. Undercover officers subsequently purchased a small quantity of marijuana from Ahmed after being required to sign a membership agreement and produce identification, state medical marijuana cards, and physicians’ recommendations. Police searched Ahmed’s business and seized financial records, approximately $26,000 in cash, 18 pounds of marijuana, and 37 ounces of marijuana oils, wax, and edibles. They executed search warrants for Ahmed’s bank records, which reflected several cash deposits of between $1,000 and $11,000 and several purchases for personal rather than business purposes. Ahmed was charged with possession of marijuana for sale, money laundering, and transportation of marijuana. The prosecution successfully moved to preclude Ahmed from raising a medical marijuana defense. The judge instructed the jury that “[t]he law allows local jurisdictions to enact ordinances to regulate use of its land, including the authority to provide that facilities for distribution of medical marijuana will not be permitted to operate within its borders.” The court of appeal reversed Ahmed’s conviction. The court’s ruling barring Ahmed’s medical marijuana defense violated his constitutional right to present a defense. A local government's power over land use within its borders does not extend to, in effect, nullify a statutory defense to violations of state law. View "People v. Ahmed" on Justia Law