- Criminal: Riverside Superior Judge Stephen Gallon’s conviction affirmed in case People v. Jimenez (RIF1902202/D080923)
- Anthony Jimenez attacked his stepfather after his brother refused to lend him $40. Jimenez, who the appellate ruling indicated seemed to have a mental illness, partially scalped his stepfather, Dale B., cut his face, and tied him up with duct tape. Dale broke loose and told him they would “go get your money.” Dale drove to an ATM five miles away while Jimenez held a knife to his throat. On the way back to their house, Jimenez appeared to not know what happened. Dale left Jimenez at their house while he drove to the hospital, but Jimenez cut him off twice in his own car, then rammed Dale’s truck. Jimenez was convicted of kidnapping to commit robbery, and sentenced to three years plus seven years to life. In his appeal, he claimed he didn’t use force to move Dale, because Dale voluntarily consented to going to the ATM. The Court of Appeal found that Jimenez’s argument had no merit, and affirmed his conviction.
- Death beneficiaries: San Bernardino Superior Judge Brian McCarville’s judgment affirmed in case Wininger v. Long (CIVDS1927561/E078084)
- Karl Wininger designated his son, Jarrett Wininger, his beneficiary of his bank account. Karl’s account held $115,000 when he died in May, 2019. Karl’s widow, Cassandra Long, withdrew $112,000 from the account after Karl’s death. Jarrett sued for the money, and the court entered judgment in favor of him. Long appealed. The Court of Appeal affirmed the trial court ruling.
- Criminal: Riverside Superior Judge Albert Wojcik’s conviction affirmed in case People v. Ortega (RIF2001362/E077231)
- William Ortega was found guilty on two counts of premeditated murder after he fired five shots at two victims while passing by their house. He was sentenced to 134 years to life. His appeal claimed there was not enough evidence of intent to kill, that his defense counsel failed to object to facts not in evidence which he alleged the prosecutor brought up during closing argument, and that a the court should have struck some of his enhancements. The Court of Appeal found no error.
- Criminal: Riverside Superior Judge John Molloy’s sentencing reversed in case People v. Thomas (INF058881/E072539A)
- Jamar Thomas and three others robbed and beat security guard Wallace Brown to death in 2007. Thomas was sentenced to life without parole. He petitioned the court to dismiss his murder conviction based on a reform to California law that raised the burden to be found guilty of murder. Thomas claimed he was not Brown’s actual killer, and that he did not act with indifference to Brown’s life during the robbery. Molloy found that his conviction would survive the higher burden brought by the reform. The Court of Appeal agreed with Thomas that his petition should be heard, but not that he should necessarily be resentenced.
- Criminal: Riverside Superior Judge John Molloy’s conviction affirmed in case People v. Sams (RIF1601743/D080416)
- James Sams was found guilty of injuring his spouse and of assault with a deadly weapon. He was sentenced to 18 years. Sams filed a petition to be resentenced, which Molloy denied. He appealed, claiming witnesses were not credible, that Molloy did not understand resentencing law, and that his counsel is incompetent. The Court of Appeal found no issues for reversal, and that Sams’ counsel was adequate.
- Criminal: Riverside Superior Judge Charles Koosed’s conviction affirmed in part, reversed and remanded in part, in case People v. Herbert (RIF1702155/D078399)
- Joshua Herbert, a member of the Mongols motorcycle gang, shot at Hells Angels gang members in Riverside, killing one of them. A jury found Herbert guilty of first degree murder and attempted murder, with gang enhancements. Herbert appealed the gang enhancements, arguing that there was not enough evidence that he was active in the Mongols at the time, or that he shot to further the gang. He also claimed that Assembly Bill 333, which requires gang evidence to be prosecuted in different trials than the main charges, applied retroactively to his case. The Court of Appeal agreed with his AB 333 argument. They struck the sentences, and directed a new prosecution of his gang enhancements.
- Criminal: Riverside Superior Judge Samuel Diaz’s conviction reversed and remanded with directions in case People v. Arias (RIF111846/D077778A)
- Sergio Arias was found guilty of murdering Ontario teenager Jessica De La Torre in 2008, and was sentenced to life in state prison without parole. De La Torre was found wearing only a bra, and was killed from being run over by a car. Arias petitioned to vacate his murder conviction based on Penal Code Section 1172.6, a California reform that heightened the burden to be found guilty of murder in specific situations. In this case, Arias was found guilty of robbing De La Torre with the help of others, and was convicted of murder because De La Torre’s death was a probable consequence of the robbery. The trial court denied his petition. The Court of Appeal, citing new precedent in People v. Strong, ordered the court to hear Arias’ petition.
- Criminal: San Bernardino Superior Judge Katrina West’s conviction affirmed in case People v. Garza (FVA1301203/D080570)
- Joseph Garza was convicted of voluntary manslaughter in 2016, and was sentenced to 16 years in prison. Garza filed a petition for resentencing under Penal Code Section 1170.95, which West denied, finding the reform law did not affect Garza’s case. He appealed. The Court of Appeal found no issues with West’s ruling.
Related Posts
Unlicensed contractor loses speedy trial appeal
A three-year delay between a complaint and an arraignment did not violate the defendant’s constitutional right to a speedy trial, and should not have been dismissed, the Court of Appeal…
Aidan McGloinFebruary 10, 2025
Legal aid funding jeopardized
Funding for local legal aid nonprofits is now partially dependent on a federal lawsuit. President Donald Trump’s Jan. 27 cut to funding grants applies to grants to local housing protection…
Aidan McGloinFebruary 7, 2025
