Filed 11/20/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S210898 v. Ct.App. 4/1 D060317 VINCE BRYAN SMITH, Riverside County Defendant and Appellant. Super. Ct. No. BAF004719 A person who aids and abets a crime is guilty of that crime, sometimes called the target crime. Additionally, that person is guilty of any […]
Category: 2014
Teal v. Super. Ct.
Filed 11/6/14 IN THE SUPREME COURT OF CALIFORNIA BENNIE JAY TEAL, Plaintiff and Appellant, S211708 v. Ct.App. 2/7 B247196 THE SUPERIOR COURT OF LOS ANGELES COUNTY, Los Angeles County Defendant and Respondent; Super. Ct. No. NA026415 THE PEOPLE, Real Party in Interest and Respondent. ____________________________________) On November 6, 2012, the California electorate approved Proposition 36, […]
People v. Eroshevich
Filed 11/3/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Appellant, S210545 v. Ct.App. 2/5 B231411 KHRISTINE ELAINE EROSHEVICH et al., Los Angeles County Defendants and Respondents. ) Super. Ct. No. BA353907 After a jury trial that resulted in defendant Howard K. Stern?s convictions on two counts of conspiracy, the trial court granted […]
People v. Adams
Filed 10/30/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S118045 v. MARCUS DORWIN ADAMS, Los Angeles County Defendant and Appellant. Super. Ct. No. BA181702 ____________________________________) A jury convicted defendant Marcus Dorwin Adams of the 1994 first degree murders of Dayland Hicks, Lamar Armstrong, and Trevon Boyd (Pen. Code, ? 187),1 the […]
People v. Gonzalez
Filed 10/20/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S207830 v. Ct.App. 4/1 D059713 RAMON FULGENCIO GONZALEZ, San Diego County Defendant and Appellant. Super. Ct. No. SCD 228173 In this case we are asked to decide whether a defendant may, consistently with Penal Code section 954,1 be convicted of both oral […]
Patterson v. Domino’s Pizza
Filed 8/28/14 IN THE SUPREME COURT OF CALIFORNIA TAYLOR PATTERSON, Plaintiff and Appellant, S204543 v. Ct.App. 2/6 B235099 DOMINO?S PIZZA, LLC, et al., Ventura County Defendants and Respondents. ) Super. Ct. No. 56-2009-00347668-CU-OE-SIM Franchising, especially in the fast-food industry, has become a ubiquitous, lucrative, and thriving business model. This contractual arrangement benefits both parties. The […]
People v. Chandler
Filed 8/28/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S207542 v. Ct.App. 4/2 E054154 BEN CHANDLER, JR., Riverside County Defendant and Appellant. Super. Ct. No. SWF027980 Penal Code section 422, subdivision (a) prohibits ?willfully threaten[ing] to commit a crime which will result in death or great bodily injury to another person, […]
People v. Bryant, Smith and Wheeler
Filed 8/25/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S049596 v. STANLEY BRYANT, DONALD FRANKLIN SMITH and LEROY WHEELER, Los Angeles County Defendants and Appellants. Super. Ct. No. A711739 On August 28, 1988, Andre Armstrong, James Brown, Loretha Anderson, and Chemise English were shot and killed. Armstrong and Brown had run […]
People v. Lucas
Filed 8/21/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S012279 v. DAVID ALLEN LUCAS, San Diego County Defendant and Appellant. Super. Ct. Nos. CR 73093 & CR 75195 ____________________________________) A jury found defendant David Allen Lucas guilty of the first degree murders of Suzanne Jacobs, Colin Jacobs, and Anne Swanke (Pen. […]
People v. Shazier
Filed 8/18/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S208398 v. Ct.App. 6 H035423 DARIEL SHAZIER, Santa Clara County Defendant and Appellant. Super. Ct. No. 210813 ____________________________________) We granted the People?s petition for review after the Court of Appeal overturned, for the second time, a jury?s finding that defendant Dariel Shazier […]
People v. Merriman
Filed 8/18/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S097363 v. JUSTIN JAMES MERRIMAN, Ventura County Defendant and Appellant. Super. Ct. No. CR45651 In 2001, a jury convicted defendant Justin James Merriman of the 1992 first degree murder of Katrina Montgomery (Pen. Code, ? 187, subd. (a)),1 and found true the […]
People v. Tom
Filed 8/14/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S202107 v. Ct. App. 1/3 A124765 RICHARD TOM, San Mateo County Defendant and Appellant. Super. Ct. No. SC064912 ____________________________________) In re RICHARD TOM, Ct. App. 1/3 A130151 on Habeas Corpus. San Mateo County Super. Ct. No. SC064912 On a clear evening in […]
People v. Banks
Filed 8/14/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S080477 v. KELVYN RONDELL BANKS, Los Angeles County Defendant and Appellant. Super. Ct. No. BA109260 ____________________________________) Defendant Kelvyn Rondell Banks was convicted by a jury in 1998 of two counts of first degree murder (Pen. Code, ? 187; all further statutory references […]
People v. McCurdy
Filed 8/14/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S061026 v. GENE ESTEL McCURDY, Kings County Defendant and Appellant. Super. Ct. No. 95CM5316 A jury convicted defendant Gene Estel McCurdy of the first degree murder (Pen. Code, ? 187, subd. (a)),1 kidnapping (? 207, subd. (a)), and kidnapping with the purpose […]
Steen v. Appellate Division, Super. Ct.
Filed 8/11/14 IN THE SUPREME COURT OF CALIFORNIA JEWERELENE STEEN, Petitioner, S174773 v. Los Angeles County APPELLATE DIVISION, SUPERIOR Super. Ct. No. 6200307 COURT OF LOS ANGELES COUNTY, App. Div. No. BR046020 Respondent; Ct. App. 1/2 THE PEOPLE, Real Party in Interest. In this case we consider the validity of a misdemeanor complaint issued by […]
Steen v. Appellate Division, Super. Ct.
Filed 8/11/14 Reposted to provide appendix IN THE SUPREME COURT OF CALIFORNIA JEWERELENE STEEN, Petitioner, S174773 v. Los Angeles County APPELLATE DIVISION, SUPERIOR Super. Ct. No. 6200307 COURT OF LOS ANGELES COUNTY, App. Div. No. BR046020 Respondent; Ct. App. 1/2 THE PEOPLE, Real Party in Interest. In this case we consider the validity of a […]
Tuolumne Jobs & Small Bus. Alliance v. Super. Ct.
Filed 8/7/14 IN THE SUPREME COURT OF CALIFORNIA TUOLUMNE JOBS & SMALL BUSINESS ALLIANCE, Petitioner, S207173 v. Ct.App. 5 F063849 THE SUPERIOR COURT OF TUOLUMNE COUNTY, Tuolumne County Super. Ct. No. CV56309 Respondent; WAL-MART STORES, INC., et al., Real Parties in Interest. When a city council receives a voter initiative petition meeting Elections Code requirements, […]
People v. Carrasco
Filed 8/4/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S077009 v. Los Angeles County ROBERT CARRASCO, Super. Ct. No. BA109453 Defendant and Appellant. Defendant Robert Carrasco was convicted of the first degree murders of George Camacho and Allan Friedman, the second degree robbery of Friedman, and escape from jail. (Pen. Code, […]
People v. Capistrano
Filed 8/4/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S067394 v. JOHN LEO CAPISTRANO, Los Angeles County Defendant and Appellant. Super. Ct. No. KA034540 Defendant John Leo Capistrano was convicted at trial of one count of first degree murder (Pen. Code, ? 187),1 one count of attempted willful, premeditated murder (?? […]
Gregory v. Cott
Filed 8/4/14 IN THE SUPREME COURT OF CALIFORNIA CAROLYN GREGORY, Plaintiff and Appellant, S209125 v. Ct.App. 2/5 B237645 LORRAINE COTT et al., Los Angeles County Defendants and Respondents. ) Super. Ct. No. SC109507 The question in this case is whether patients suffering from Alzheimer?s disease are liable for injuries they inflict on health care workers […]
People v. Hensley
Filed 7/31/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S050102 v. PAUL LOYDE HENSLEY, San Joaquin County Defendant and Appellant. Super. Ct. No. SC054773A ____________________________________) A jury convicted defendant Paul Loyde Hensley of the first degree murder and robbery of Larry Shockley, the burglary of his home, and the theft of […]
P. ex rel. Harris v. Pac Anchor Transportation, Inc.
Filed 7/28/14 Reposted to correct counsel listing; no change to opinion text IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE ex rel. KAMALA D. HARRIS, as Attorney General, etc., Plaintiff and Appellant, S194388 v. Ct.App. 2/5 B220966 PAC ANCHOR TRANSPORTATION, INC., et al., Los Angeles County Super. Ct. No. BC397600 Defendants and Respondents. ) ____________________________________ […]
People v. Whitmer
Filed 7/24/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S208843 v. Ct.App. 2/4 B231038 JEFFREY ALLEN WHITMER, Los Angeles County Defendant and Appellant. Super. Ct. No. GA079423 Defendant, the manager of a motorcycle dealership, arranged for the fraudulent sales of vehicles to fictitious buyers. A jury convicted him of 20 counts […]
People v. Boyce
Filed 7/24/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S092240 v. KEVIN DEWAYN BOYCE, Orange County Defendant and Appellant. Super. Ct. No. 97NF2316 Kevin Dewayn Boyce (defendant) and Andre Willis burglarized two businesses, robbing several people inside. During the first crime, off-duty peace officer Shayne York was killed. A jury convicted […]
People v. Hajek and Vo
Filed 7/23/14 Unmodified opinion attached IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S049626 v. Santa Clara County STEPHEN EDWARD HAJEK Super. Ct. No. 148113 AND LOI TAN VO Defendants and Appellants. ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING THE COURT: The opinion herein, filed May 5, 2014, and appearing at […]