copy IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Placer) ----

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "copy IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Placer) ----"

Transcription

1 Filed 12/5/96 CERTIFIED FOR PUBLICATION copy IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Placer) ---- THE PEOPLE, Plaintiff and Respondent, C (Super. Ct. No. SCR1771) v. RICHARD ALLEN HEARN, Defendant and Appellant. APPEAL from a judgment of the Superior Court of Placer County. James D. Garbolino, Judge. Reversed in part and affirmed in part. William J. Schmidt, under appointment by the Court of Appeal, for Defendant and Appellant. Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney General, J. Robert Jibson, Supervising Deputy Attorney General, Mark A Johnson, Deputy Attorney General, for Plaintiff and Respondent. A jury convicted defendant of possession of a controlled substance (Health & Saf. Code, 11350, subd. (a)) and possession 1

2 of a hypodermic needle or syringe. (Bus. & Prof. Code, 4149.) In a bench trial, the trial court found true allegations defendant had been convicted of burglary, a serious felony (Pen. Code, , subd. (b)(1)) and had served two prison terms (Pen. Code, 667.5, subd. (b); further statutory references to sections of an undesignated code are to the Penal Code). Sentenced to state prison for eight years defendant appeals, contending the evidence is insufficient to support the finding he had been convicted of a serious felony. Defendant also claims the trial court erred in imposing the upper term. We agree with defendant s first contention and shall reverse the finding of serious felony conviction. I The information alleged, pursuant to section , that on December 18, 1981, defendant had been convicted in Santa Clara County Superior Court of burglary, a serious felony. The information also alleged, pursuant to section 667.5, subdivision (b), that on February 22, 1982, defendant had been convicted in Santa Clara County Superior Court of first degree burglary for which he served a separate prison term. The information further alleged, pursuant to section 667.5, subdivision (b), that on March 5, 1990, defendant had been convicted of receiving stolen property for which he served a separate prison term. At the court trial on the special allegations, the prosecution introduced prison records ( 969b) showing that, on February 22, 1982, defendant had been convicted of first degree 2

3 burglary, committed to prison and discharged from that commitment on January 7, 1989, and that on March 5, 1990, defendant had been convicted of receiving stolen property, committed to prison and discharged from that commitment on February 27, The prosecution did not offer evidence that defendant had been convicted on December 18, 1981, of a serious felony, to wit burglary, as alleged in the information. As indicated, prison records were received which proved defendant had been convicted of first degree burglary on February 22, Although this conviction was alleged in the information as a prior prison term, the court apparently based its finding sustaining the allegation of serious felony conviction on this evidence. No evidence was adduced of the date when defendant committed the burglary of which he was convicted on February 22, Defendant contends the evidence is insuffic ient to support a finding that he had been convicted of burglary, a serious felony, on December 18, 1981, because no evidence of any conviction on that date was adduced. The People respond that the February 22, 1982, conviction of first degree burglary, which was proved at trial, qualifies as a serious felony under section , subdivision (c)(18), and supports the court s finding of serious felony conviction and imposition of enhanced sentence under section , subdivision (c)(1). Defendant argues that the 1982 conviction does not so qualify because under the statutory definition of first degree burglary in effect at the time of 3

4 conviction in 1982, that degree of burglary could be committed in other ways than by burglarizing an inhabited dwelling or inhabited portion of any other building, which is the only kind of burglary which qualifies as a serious felony under section , subdivision (c)(18). Though off the mark, defendant s argument prefigures a legitimate issue, i.e., whether the statutory definition of first degree burglary at the time the crime was committed is coterminous with the definition of serious felony in section , subdivision (c)(18). Raised in the context of the burglary statute in effect in 1982, the argument avails defendant nothing, because the record does not disclose when defendant committed the first degree burglary of which he was convicted in In any event, if the burglary were committed in 1982, a fact not established on the record, defendant would not benefit because the version of section 460 in effect in 1982 is congruent in its definition of first degree burglary in all relevant respects with section , subdivision (c)(18). 1 1 As it read in 1982, section 460 defined first degree burglary as follows: Every burglary of an inhabited dwelling house or trailer coach as defined by the Vehicle Code, or the inhabited portion of any other building committed in the nighttime, is burglary of the first degree. (Stats. 1978, ch. 579, 23, p ) Section provides in relevant part: (c) As used in this section, serious felony means any of the following:... (18) burglary of an inhabited dwelling house, or trailer coach as defined by the Vehicle Code, or inhabited portion of any other building.... 4

5 The Three Strikes law ( 667, subds. (b)-(i); ) provides for the doubling of a prison term when a defendant has one serious felony conviction that has been pleaded and proved. ( 667, subds. (b), (e)(1); , subds. (c)(1).) [B]urglary of an inhabited dwelling house, or trailer coach as defined by the Vehicle Code, or inhabited portion of any other building is a serious felony. ( , subd. (c)(18).) The determination of whether a prior conviction is a prior [serious] felony conviction for purposes of this section shall be made upon the date of that prior conviction.... ( 667, subd. (d)(1); , subd.(b)(1); see People v. Green (1995) 36 Cal.App.4th 280, 283; People v. Reed (1995) 33 Cal.App.4th 1608, 1611.) For present purposes, we shall assume the court did not err in relying on the evidence of the February 1982 conviction to sustain the charge of serious felony conviction which the information alleged as a burglary conviction suffered in December So assuming, we still cannot uphold the finding. The difficulty is the absence of any evidence of the date when defendant committed the burglary for which he was convicted in Absent that evidence, it is impossible to know which version of the burglary statute applied to defendant s crime, since it is the statute in effect when the burglary is committed that governs. (See People v. Smith (1983) 34 Cal.3d 251, 263; People v. Teron (1979) 23 Cal.3d 103, 119.) 5

6 The statutory definition of first degree burglary has been particularly protean. Its pre-1979 incarnations are not congruent with the definition of serious felony in section , subdivision (c)(18). Thus prior to January 1, 1979, the effective date of the 1978 amendment to section 460 (Stats. 1978, ch. 579), first degree burglary could be committed, inter alia, by burglarious entry of an inhabited building (in the night time). 2 The 1978 amendment narrowed the statute so that to constitute burglarious entry of an inhabited building a burglary of the first degree, the entry must be of the inhabited portion of such building. Thus, under the 1978 amendment, burglarious entry into, e.g., a warehouse, one room in which is inhabited by an attendant, is not first degree burglary if the burglar does not enter the inhabited portion of the building. Before the 1978 amendment, mere burglarious entry into the uninhabited portion of an inhabited building was first degree burglary. On this record we have no way of knowing whether the 1982 burglary conviction was for a burglary committed prior to January 1, 1979, the effective date of the 1978 amendment. All we can say is that we cannot rule it out. 3 Thus, proof defendant 2 Before its 1978 amendment, section 460 provided: Every burglary of an inhabited dwelling house, trailer coach as defined by the Vehicle Code, or building committed in the nighttime, is burglary of the first degree. (Stats. 1976, ch. 1139, 206.5, p. 5120, operative July 1, 1977.) 3 Nor can we say that the 1982 burglary conviction was not for a burglary committed prior to July 1, 1977, the operative date of the 1976 amendment to section 460. (Stats. 1976, ch. 1139, 6

7 suffered a conviction of first degree burglary in 1982, without more, is not a surrogate for proof that the crime is a serious felony as defined in section , subdivision (c)(18). Proving a strike under the three strikes law, i.e., a prior conviction of a serious or violent felony, is not as simple as proving a prior conviction of a generic felony or service of a prior prison term. Depending on how the relevant serious or violent felony is defined ( , subd. (c); 667.5, subd. (c)), the proof may require more than a section 969b package from the Director of Corrections. It must be proved either that defendant was convicted of a felony the definition of which is congruent with that of the relevant serious or violent felony as defined respectively in section , subdivision (c) and section 667.5, subdivision (c), or that defendant s conduct in committing that felony is congruent therewith. Since statutory definitions of crimes and degrees of crime change, a prosecutor who, as here, relies on proof of a first degree burglary conviction to support an allegation of serious felony conviction 206.5, p ) Before the 1976 amendment took effect, section 460 defined first degree burglary even more broadly: Every burglary of an inhabited dwelling house, trailer coach as defined by the Vehicle Code, or building committed in the nighttime, and every burglary, whether in the daytime or nighttime, committed by a person armed with a deadly weapon, or who while in the commission of such burglary arms himself with a deadly weapon, or who while in the commission of such burglary assaults any person, is burglary of the first degree. (Stats. 1955, ch. 941, 1, p ) At that time, the period of limitations for burglary was three years from its commission within which time an indictment must be found, an information filed or the case certified to the superior court. (Former 800.) 7

8 must further prove the conviction was under a version of section 460 which coincides with the definition of serious felony in section , subdivision (c)(18). II Defendant claims the trial court erred in imposing the upper term for possession of a controlled substance. According to defendant, it appears the court relied on one or more of his prior convictions, which also were charged as enhancements, as an aggravating factor at sentencing. Relying on People v. Piceno (1987) 195 Cal.App.3d 1353, defendant asserts his remaining convictions either are too old or not serious enough to justify the upper term. Defendant also argues there is a significant likelihood that a remand for resentencing would result in a lower term. In imposing the upper term, the trial court relied on defendant s record. That record consists of seven convictions other than the prior convictions which were used as enhancements. All but one are drug-related misdemeanors. The remaining felony is a 1986 conviction of petty theft with a prior theft-related conviction. The probation report had recommended the middle term. Defendant is correct that it would be improper to use an enhancement to impose the upper term. ( 1170, subd. (b); Cal. Rules of Court, rule 420(c).) But the record does not support his claim that the court did so. The only time the court mentioned one of the enhancements, other than when it imposed 8

9 sentence for them, was in preliminary remarks before argument by the parties. People v. Piceno, supra, 195 Cal.App.3d 1353, does not assist defendant. There, the court held a juvenile record consisting of either stale or minor offenses could not support the upper term. ( People v. Piceno, supra, 195 Cal.App.3d at pp ) Here, defendant has an extensive adult record of criminal activity. The trial court has ample discretion in considering aggravating and mitigating circumstances. ( People v. Evans (1983) 141 Cal.App.3d 1019, 1022.) A single circumstance in aggravation is sufficient to justify the upper term. ( People v. Dreas (1984) 153 Cal.App.3d 623, 636.) In relying on defendant s numerous prior convictions (Cal. Rules of Court, rule 421(b)(2)), in imposing the upper term, we presume the court did not rely on the convictions used as enhancements. (Evid. Code, 664.) There was no abuse of discretion. ( People v. Ramos (1980) 106 Cal.App.3d 591, 601, 609.) The convictions and findings of service of two prior prison terms are affirmed. The finding that defendant suffered a prior serious felony conviction is reversed. The sentence is vacated and the matter remanded to the trial court for further proceedings and imposition of sentence. 4 4 The abstract of judgment states incorrectly the prior prison term enhancements were found pursuant to section 667(b). The abstract prepared after resentencing should cite to section 9

10 We concur: Puglia, P.J. Blease, J. Sims, J , subdivision (b) as authority for the prior prison term enhancements. 10

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT Filed 3/1/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT THE PEOPLE, Plaintiff and Appellant, v. B264693 (Los Angeles County Super.

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE Filed 6/21/16 P. v. Archuleta CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE Filed 10/27/15 In re M.J. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for

More information

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO Filed 11/19/15 P. v. Osborn CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication

More information

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO Filed 2/2/16 P. v. Moore CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication

More information

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO Filed 1/27/16 P. v. Morales CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION 1

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION 1 Filed 11/24/15 P. v. Faccone CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX CAVEAT: This sample is provided to demonstrate style and format. It is not intended as a model for the substantive argument, and therefore counsel should not rely on its legal content which may include

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 15-12302 Non-Argument Calendar. D.C. Docket No. 2:14-cr-14008-JEM-1

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 15-12302 Non-Argument Calendar. D.C. Docket No. 2:14-cr-14008-JEM-1 Case: 15-12302 Date Filed: 02/10/2016 Page: 1 of 9 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 15-12302 Non-Argument Calendar D.C. Docket No. 2:14-cr-14008-JEM-1

More information

NOT TO BE PUBLISHED IN OFFICIAL REPORTS COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

NOT TO BE PUBLISHED IN OFFICIAL REPORTS COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA Filed 12/22/15 P. v. Sphabmixay CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2014). STATE OF MINNESOTA IN COURT OF APPEALS A15-0415 State of Minnesota, Respondent, vs. Shannon

More information

SUPREME COURT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) )

SUPREME COURT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) ) SUPREME COURT OF ARIZONA STATE OF ARIZONA, Appellant, v. JAMES EARL CHRISTIAN, Appellee. Arizona Supreme Court No. CR-02-0233-PR Court of Appeals Division One No. 1 CA-CR 00-0654 Maricopa County Superior

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Shasta) ----

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Shasta) ---- Filed 6/30/16 P. v. Rosser CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX Filed 6/15/16 P. v. Rosdahl CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for

More information

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS Filed 8/9/12 P. v. Condon CA5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication

More information

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX Filed 7/10/12 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX JESSICA FREEMAN, Plaintiff and Respondent, 2d Civil No. B230066 (Super.

More information

2015 IL App (3d) 121065-U. Order filed February 26, 2015 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2015

2015 IL App (3d) 121065-U. Order filed February 26, 2015 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2015 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (3d 121065-U Order filed

More information

STATE OF MINNESOTA IN COURT OF APPEALS A10-1884. State of Minnesota, Respondent, vs. Jolene Kay Coleman, Appellant.

STATE OF MINNESOTA IN COURT OF APPEALS A10-1884. State of Minnesota, Respondent, vs. Jolene Kay Coleman, Appellant. STATE OF MINNESOTA IN COURT OF APPEALS A10-1884 State of Minnesota, Respondent, vs. Jolene Kay Coleman, Appellant. Filed January 3, 2012 Affirmed Kalitowski, Judge Hennepin County District Court File No.

More information

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS Filed 7/7/16 P. v. Salazar CA5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D, this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO WARREN COUNTY. : O P I N I O N - vs - 10/21/2013 :

IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO WARREN COUNTY. : O P I N I O N - vs - 10/21/2013 : [Cite as State v. McCoy, 2013-Ohio-4647.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO WARREN COUNTY STATE OF OHIO, : Plaintiff-Appellee, : CASE NO. CA2013-04-033 : O P I N I O N - vs - 10/21/2013

More information

United States Court of Appeals For the Eighth Circuit

United States Court of Appeals For the Eighth Circuit United States Court of Appeals For the Eighth Circuit No. 16-1304 United States of America lllllllllllllllllllll Plaintiff - Appellee v. Richard Angelo McFee lllllllllllllllllllll Defendant - Appellant

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (El Dorado) ----

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (El Dorado) ---- Filed 5/16/13; pub. order 6/12/13 (see end of opn.) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (El Dorado) ---- STEVE SCHAEFER, Plaintiff and Respondent, C068229 (Super.

More information

{ 2} Appellant, Jimmy Houston, sets forth the following single assignment of. In fashioning the sentence, the trial court violated Mr.

{ 2} Appellant, Jimmy Houston, sets forth the following single assignment of. In fashioning the sentence, the trial court violated Mr. [Cite as State v. Houston, 2014-Ohio-998.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT SANDUSKY COUNTY State of Ohio Court of Appeals No. S-13-017 Appellee Trial Court No. 09 CR 864 v. Jimmy

More information

STATE OF ARIZONA, Appellee, ROY MATTHEW SOVINE, Appellant. No. 1 CA-CR 14-0094

STATE OF ARIZONA, Appellee, ROY MATTHEW SOVINE, Appellant. No. 1 CA-CR 14-0094 NOTICE: NOT FOR PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. IN THE ARIZONA COURT OF APPEALS DIVISION

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN B179806

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN B179806 Filed 10/19/05; pub. order 11/16/05 (see end of opn.) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN Conservatorship of the Persons of JERRY P. KAYLE et al.

More information

AN ACT. The goals of the alcohol and drug treatment divisions created under this Chapter include the following:

AN ACT. The goals of the alcohol and drug treatment divisions created under this Chapter include the following: ENROLLED Regular Session, 1997 HOUSE BILL NO. 2412 BY REPRESENTATIVE JACK SMITH AN ACT To enact Chapter 33 of Title 13 of the Louisiana Revised Statutes of 1950, comprised of R.S. 13:5301 through 5304,

More information

A Victim s Guide to the Capital Case Process

A Victim s Guide to the Capital Case Process A Victim s Guide to the Capital Case Process Office of Victims Services California Attorney General s Office A Victim s Guide to the Capital Case Process Office of Victims Services California Attorney

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE Filed 6/29/16 In re A.S. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication

More information

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE March 11, 2015 Session

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE March 11, 2015 Session IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE March 11, 2015 Session STATE OF TENNESSEE v. DUSTY ROSS BINKLEY Appeal from the Criminal Court for Davidson County No. 2009-I-833 Steve R. Dozier,

More information

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT Filed 2/8/16 P. v. Tapia CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication

More information

PROBATION PEACE OFFICERS & OFF-DUTY WEAPONS

PROBATION PEACE OFFICERS & OFF-DUTY WEAPONS PROBATION PEACE OFFICERS & OFF-DUTY WEAPONS By Christopher W. Miller, General Counsel State Coalition of Probation Organizations This article provides an overview of current legal authority governing the

More information

The N.C. State Bar v. Wood NO. COA10-463. (Filed 1 February 2011) 1. Attorneys disciplinary action convicted of criminal offense

The N.C. State Bar v. Wood NO. COA10-463. (Filed 1 February 2011) 1. Attorneys disciplinary action convicted of criminal offense The N.C. State Bar v. Wood NO. COA10-463 (Filed 1 February 2011) 1. Attorneys disciplinary action convicted of criminal offense The North Carolina State Bar Disciplinary Hearing Commission did not err

More information

No. 1-12-0762 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

No. 1-12-0762 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2014 IL App (1st) 120762-U No. 1-12-0762 FIFTH DIVISION February 28, 2014 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE Filed 5/28/15 Lopez v. Fishel Co. CA4/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified

More information

IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION TWO ) ) ) ) ) ) ) ) ) ) Appellant, Appellee. APPEAL FROM THE SUPERIOR COURT OF PIMA COUNTY

IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION TWO ) ) ) ) ) ) ) ) ) ) Appellant, Appellee. APPEAL FROM THE SUPERIOR COURT OF PIMA COUNTY IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION TWO FILED BY CLERK JAN 31 2013 COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, v. SCOTT ALAN COLVIN, Appellant, Appellee. 2 CA-CR 2012-0099 DEPARTMENT

More information

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA Filed 10/30/15 P. v. Lee CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication

More information

Anthony James Lenz and another man, Glenn Anderkay, burglarized and vandalized an Anchorage laundromat in May 2012. They smashed the laundromat s

Anthony James Lenz and another man, Glenn Anderkay, burglarized and vandalized an Anchorage laundromat in May 2012. They smashed the laundromat s NOTICE The text of this opinion can be corrected before the opinion is published in the Pacific Reporter. Readers are encouraged to bring typographical or other formal errors to the attention of the Clerk

More information

31 - felony sentencings

31 - felony sentencings 31 - felony sentencings Felony Sentencing Guidelines By 46 th Circuit Court Judge Janet M. Allen Adults convicted of felony crimes are sentenced by a judge to one of two primary types of sentences. The

More information

IN THE SUPREME COURT OF CALIFORNIA

IN THE SUPREME COURT OF CALIFORNIA Filed 6/19/03 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) S103633 ) ) Plaintiff and Respondent, ) ) Ct. App. 1/5 A093589 v. ) ) Marin County KEITH ROBERT MELONEY, ) Super. Ct. No. SC112735B ) Defendant

More information

CHALLENGING CRIMINAL HISTORY CALCULATIONS

CHALLENGING CRIMINAL HISTORY CALCULATIONS CHALLENGING CRIMINAL HISTORY CALCULATIONS I. Challenging Predicates for Career Offender! The Basic Rule for Career Offender 4B1.1 A defendant is a career offender if: 1. The defendant is at least 18 years

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010). STATE OF MINNESOTA IN COURT OF APPEALS A10-1742 State of Minnesota, Respondent, vs. Nicholas

More information

COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF Appellant : PENNSYLVANIA : v. : : JOSEPH MENDEZ, : Appellee : No.

COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF Appellant : PENNSYLVANIA : v. : : JOSEPH MENDEZ, : Appellee : No. 2000 PA Super 81 COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF Appellant : PENNSYLVANIA : v. : : JOSEPH MENDEZ, : Appellee : No. 1892 EDA 1999 Appeal from the Judgment of Sentence entered May

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE B254585

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE B254585 Filed 2/26/15 Vega v. Goradia CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 12-13381 Non-Argument Calendar. D.C. Docket No. 3:11-cr-00281-RBD-JBT-1.

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 12-13381 Non-Argument Calendar. D.C. Docket No. 3:11-cr-00281-RBD-JBT-1. Case: 12-13381 Date Filed: 05/29/2013 Page: 1 of 12 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 12-13381 Non-Argument Calendar D.C. Docket No. 3:11-cr-00281-RBD-JBT-1

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed September 10, 2014. Not final until disposition of timely filed motion for rehearing. No. 3D09-2044 Lower Tribunal No. 06-33761-B John Santiago,

More information

2015 IL App (3d) 140252-U. Order filed December 17, 2015 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2015

2015 IL App (3d) 140252-U. Order filed December 17, 2015 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2015 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (3d 140252-U Order filed

More information

I N T H E COURT OF APPEALS OF INDIANA

I N T H E COURT OF APPEALS OF INDIANA MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. SHICON JORDAN Appellant No. 3456 EDA 2014 Appeal from the Judgment

More information

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2013-CP-00221-COA STATE OF MISSISSIPPI APPELLEE

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2013-CP-00221-COA STATE OF MISSISSIPPI APPELLEE IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2013-CP-00221-COA FREDDIE LEE MARTIN A/K/A FREDDIE L. MARTIN APPELLANT v. STATE OF MISSISSIPPI APPELLEE DATE OF JUDGMENT: 01/08/2013 TRIAL JUDGE:

More information

NO. COA11-480 NORTH CAROLINA COURT OF APPEALS. Filed: 7 February 2012. 1. Motor Vehicles driving while impaired sufficient evidence

NO. COA11-480 NORTH CAROLINA COURT OF APPEALS. Filed: 7 February 2012. 1. Motor Vehicles driving while impaired sufficient evidence NO. COA11-480 NORTH CAROLINA COURT OF APPEALS Filed: 7 February 2012 STATE OF NORTH CAROLINA v. Union County No. 10 CRS 738 DOUGLAS ELMER REEVES 1. Motor Vehicles driving while impaired sufficient evidence

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT. (Sacramento) ----

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT. (Sacramento) ---- Filed 10/23/96 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ---- SHARON BOUTTE, Plaintiff and Respondent, 3 Civ. C020606 (Super. Ct.

More information

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO Filed 8/27/14 Tesser Ruttenberg etc. v. Forever Entertainment CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying

More information

In the Indiana Supreme Court

In the Indiana Supreme Court ATTORNEYS FOR APPELLANT Susan K. Carpenter Public Defender of Indiana ATTORNEYS FOR APPELLEE Stephen R. Carter Attorney General of Indiana J. Michael Sauer Gary Damon Secrest Deputy Public Defender Deputy

More information

IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT

IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT [Cite as State v. Mobarak, 2015-Ohio-3007.] IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT State of Ohio, : Plaintiff-Appellee, : No. 14AP-517 (C.P.C. No. 12CR-5582) v. : (REGULAR CALENDAR) Soleiman

More information

FILED December 20, 2012 Carla Bender th

FILED December 20, 2012 Carla Bender th NOTICE This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2012 IL App (4th 110482-U NO. 4-11-0482

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT Filed 10/21/15 In re Ts.M. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MARCH 14, 2008; 2:00 P.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2007-CA-001304-MR DONALD T. CHRISTY APPELLANT v. APPEAL FROM MASON CIRCUIT COURT HONORABLE STOCKTON

More information

Maricopa County Attorney s Office Adult Criminal Case Process

Maricopa County Attorney s Office Adult Criminal Case Process The following is a brief description of the process to prosecute an adult accused of committing a felony offense. Most misdemeanor offenses are handled by municipal prosecutors; cases involving minors

More information

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX Filed 6/12/14 Marriage of Jones CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE Filed 7/29/99 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE RICHARD D. BAGLEY, Plaintiff and Appellant, B122440 (Super. Ct. No. BC110263)

More information

IN THE SUPREME COURT. Plaintiff-Appellee, v. JEFFREY LIZAMA, Defendant-Appellant. Supreme Court No. 2013-SCC-0035-CRM Superior Court No.

IN THE SUPREME COURT. Plaintiff-Appellee, v. JEFFREY LIZAMA, Defendant-Appellant. Supreme Court No. 2013-SCC-0035-CRM Superior Court No. E-FILED CNMI SUPREME COURT E-filed: Apr 30 2015 09:48PM Clerk Review: Apr 30 2015 09:48PM Filing ID: 57159755 Case No.: 2013-SCC-0035-CRM Nora Borja IN THE SUPREME COURT OF THE COMMONWEALTH OF THE NORTHERN

More information

IN THE DISTRICT COURT IN AND FOR TULSA COUNTY STATE OF OKLAHOMA STATE OF OKLAHOMA,

IN THE DISTRICT COURT IN AND FOR TULSA COUNTY STATE OF OKLAHOMA STATE OF OKLAHOMA, IN THE DISTRICT COURT IN AND FOR TULSA COUNTY STATE OF OKLAHOMA STATE OF OKLAHOMA, Plaintiff, v. Case No. CF-2008-1601 Judge William Kellough RODNEY EUGENE DORSEY, Defendant. BRIEF CONCERNING REQUEST FOR

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. THOMAS VIERECK Appellant No. 656 EDA 2015 Appeal from the Judgment

More information

Proposition 5. Nonviolent Offenders. Sentencing, Parole and Rehabilitation. Statute.

Proposition 5. Nonviolent Offenders. Sentencing, Parole and Rehabilitation. Statute. Proposition 5 Nonviolent Offenders. Sentencing, Parole and Rehabilitation. Statute. SUMMARY This measure (1) expands drug treatment diversion programs for criminal offenders, (2) modifies parole supervision

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT Filed 2/9/16 Fener v. Superior Court CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA William J. Bell : : No. 2034 C.D. 2012 v. : Submitted: April 19, 2013 : Commonwealth of Pennsylvania, : Department of Transportation, : Bureau of Driver Licensing,

More information

RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX

RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX Form 6. Suggested Questions to Be Put by the Court to an Accused Who Has Pleaded Guilty (Rule 3A:8). Before accepting

More information

2015 IL App (1st) 133050-U. No. 1-13-3050 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 133050-U. No. 1-13-3050 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 133050-U FIFTH DIVISION September 30, 2015 No. 1-13-3050 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR A136605

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR A136605 Filed 8/28/13 Shade v. Freedhand CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE Filed 2/20/14 P. v. Palmer CA1/1 Received for posting 3/11/14 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions

More information

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON. Respondent, ] Cox, J. When a trial court calculates an offender score, it must include

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON. Respondent, ] Cox, J. When a trial court calculates an offender score, it must include IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, No. 68115-0-1 Respondent, ] DIVISION ONE cz> zz.-z-. v. ] LARRY STEELE MOSLEY, UNPUBLISHED ~5 - "^ -r, 03.';"-:: Appellant. i FILED:

More information

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM Patricia A. DeAngelis District Attorney GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM AN OFFENSE IS COMMITTED There are three types of offenses that can be committed in New York State: VIOLATION MISDEMEANOR

More information

FILED December 8, 2015 Carla Bender 4 th District Appellate Court, IL

FILED December 8, 2015 Carla Bender 4 th District Appellate Court, IL NOTICE This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (4th 130903-U NO. 4-13-0903

More information

The Judicial Ethics Committee of the California Judges Association has issued the following formal opinions:

The Judicial Ethics Committee of the California Judges Association has issued the following formal opinions: MEMORANDUM TO: FROM: All CJA Members Stanley S. Bissey Executive Director & CEO DATE: May 2015 SUBJECT: Formal Ethics Opinion No. 69 The Judicial Ethics Committee of the California Judges Association has

More information

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE Filed 5/3/13 Turner v. Shiomoto CA4/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO Filed 11/5/13 Mann v. Hernandez CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified

More information

GLOSSARY OF SELECTED LEGAL TERMS

GLOSSARY OF SELECTED LEGAL TERMS GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A

More information

STATE OF KANSAS, Appellee, MIGUEL BARAJAS, Appellant. SYLLABUS BY THE COURT

STATE OF KANSAS, Appellee, MIGUEL BARAJAS, Appellant. SYLLABUS BY THE COURT No. 100,785 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. MIGUEL BARAJAS, Appellant. SYLLABUS BY THE COURT 1. K.S.A. 21-4711(e) requires the district court to classify a

More information

IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE

IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24 IN THE COURT

More information

2016 PA Super 29 OPINION BY JENKINS, J.: FILED FEBRUARY 09, 2016. Michael David Zrncic ( Appellant ) appeals pro se from the judgment

2016 PA Super 29 OPINION BY JENKINS, J.: FILED FEBRUARY 09, 2016. Michael David Zrncic ( Appellant ) appeals pro se from the judgment 2016 PA Super 29 COMMONWEALTH OF PENNSYLVANIA Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. MICHAEL DAVID ZRNCIC Appellant No. 764 MDA 2015 Appeal from the Judgment of Sentence March 30, 2015 in the

More information

IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT LAKE COUNTY, OHIO

IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT LAKE COUNTY, OHIO [Cite as State v. Purtilo, 2015-Ohio-2985.] IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT LAKE COUNTY, OHIO STATE OF OHIO, : O P I N I O N Plaintiff-Appellee, : - vs - : CASE NO. 2015-L-003 ROBERT

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind. Appellate Rule 65(D, this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX Filed 10/9/96 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX VENTURA COUNTY NATIONAL BANK, Plaintiff and Appellant, 2d Civil No. B094467

More information

Information for Crime Victims and Witnesses

Information for Crime Victims and Witnesses Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)

More information

IN THE SUPREME COURT OF MISSISSIPPI NO. 2010-IA-02028-SCT

IN THE SUPREME COURT OF MISSISSIPPI NO. 2010-IA-02028-SCT IN THE SUPREME COURT OF MISSISSIPPI NO. 2010-IA-02028-SCT RENE C. LEVARIO v. STATE OF MISSISSIPPI DATE OF JUDGMENT: 11/23/2010 TRIAL JUDGE: HON. ROBERT P. KREBS COURT FROM WHICH APPEALED: JACKSON COUNTY

More information

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2003-KA-01700-COA STATE OF MISSISSIPPI

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2003-KA-01700-COA STATE OF MISSISSIPPI IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2003-KA-01700-COA TOMMY BANKS A/K/A TOMMY EARL BANKS (HARRY) APPELLANT v. STATE OF MISSISSIPPI APPELLEE DATE OF TRIAL COURT JUDGMENT: 5/27/2003 TRIAL

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JANUARY 15, 2010; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2008-CA-000763-MR COMMONWEALTH OF KENTUCKY APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE

More information

IN THE SUPREME COURT OF THE STATE OF KANSAS. No. 100,851. STATE OF KANSAS, Appellee, HEATHER HOPKINS, Appellant. SYLLABUS BY THE COURT

IN THE SUPREME COURT OF THE STATE OF KANSAS. No. 100,851. STATE OF KANSAS, Appellee, HEATHER HOPKINS, Appellant. SYLLABUS BY THE COURT IN THE SUPREME COURT OF THE STATE OF KANSAS No. 100,851 STATE OF KANSAS, Appellee, v. HEATHER HOPKINS, Appellant. SYLLABUS BY THE COURT 1. When interpreting a statute, the fundamental rule to which all

More information

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 41435 ) ) ) ) ) ) ) ) ) )

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 41435 ) ) ) ) ) ) ) ) ) ) IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 41435 STATE OF IDAHO, Plaintiff-Respondent, v. ANDREY SERGEYEVICH YERMOLA, Defendant-Appellant. 2015 Unpublished Opinion No. 348 Filed: February

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX Filed 12/18/14 Zulli v. Balfe CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified

More information

CASE NO. SC05-1951 JAMES FRANK PIZZO, STATE OF FLORIDA, PETITIONER S BRIEF ON JURISDICTION

CASE NO. SC05-1951 JAMES FRANK PIZZO, STATE OF FLORIDA, PETITIONER S BRIEF ON JURISDICTION IN THE SUPREME COURT OF FLORIDA CASE NO. SC05-1951 JAMES FRANK PIZZO, Petitioner, vs. STATE OF FLORIDA, Respondent. On discretionary conflict review of a decision of the Second District Court of Appeal

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 40135 ) ) ) ) ) ) ) ) ) )

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 40135 ) ) ) ) ) ) ) ) ) ) IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 40135 STATE OF IDAHO, Plaintiff-Respondent, v. JUAN L. JUAREZ, Defendant-Appellant. 2013 Opinion No. 60 Filed: November 12, 2013 Stephen W. Kenyon,

More information

SUPREME COURT OF ARIZONA En Banc. ) No. CR-07-0127-PR Appellee, ) ) Court of Appeals v. ) Division Two ) No. 2 CA-CR 05-0272 )

SUPREME COURT OF ARIZONA En Banc. ) No. CR-07-0127-PR Appellee, ) ) Court of Appeals v. ) Division Two ) No. 2 CA-CR 05-0272 ) SUPREME COURT OF ARIZONA En Banc STATE OF ARIZONA, ) Arizona Supreme Court ) No. CR-07-0127-PR Appellee, ) ) Court of Appeals v. ) Division Two ) No. 2 CA-CR 05-0272 ) GARY EDWARD COX, ) Pima County )

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT MARVIN HARRIS, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D13-4741 [May 27, 2015] Appeal from the Circuit Court for the Fifteenth Judicial

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEYS FOR APPELLANT: ROBERT M. OAKLEY DANIEL K. DILLEY Dilley & Oakley, P.C. Carmel, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana HENRY A. FLORES,

More information

FINAL ORDER REVERSING TRIAL COURT. Appellant, Joseph Pabon (herein Appellant ), appeals the Orange County Court s

FINAL ORDER REVERSING TRIAL COURT. Appellant, Joseph Pabon (herein Appellant ), appeals the Orange County Court s IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA APPELLATE CASE NO: 2011-AP-32 LOWER COURT CASE NO: 48-2010-MM-12557 JOSEPH PABON, vs. Appellant, STATE OF FLORIDA,

More information

THE SUPERIOR COURT OF ARIZONA MARICOPA COUNTY

THE SUPERIOR COURT OF ARIZONA MARICOPA COUNTY THE SUPERIOR COURT OF ARIZONA MARICOPA COUNTY STATE OF ARIZONA CASE NO: CR v. APPLICATION TO: DEFENDANT RESTORE CIVIL RIGHTS RESTORE GUN RIGHTS Complete and Date of Birth: Attach Request to Restore Right

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO Filed 6/19/09 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO In re A.S., a Person Coming Under the Juvenile Court Law. M.S., v. Plaintiff

More information