14 results for 'judge:"Yegan"'.
J. Yegan finds that defendant's bid for resentencing on a provocative act murder conviction failed because it is still a valid theory of murder. The legislature had the opportunity but chose not to eliminate provocative act murder when it eliminated the natural and probable consequences theory of murder. Affirmed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: April 23, 2024, Case #: B323640, Categories: Murder, Sentencing
J. Yegan finds that the trial court properly denied defendant's petition for resentencing on a first degree murder conviction with a special circumstance of kidnapping. He directly aided and abetted the murder with an intentional plan to kill. "Leniency for a person who orders his cohorts to murder a 15-year-old child with a machine gun? The child is dead and our answer is, no." Affirmed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: February 28, 2024, Case #: B323018, Categories: Murder, Sentencing, Kidnapping
J. Yegan finds that the trial court properly denied defendant's second petition for resentencing on two murder convictions. This court previously held that defendant is not entitled to resentencing relief because both his first degree murder and conspiracy to commit first degree murder convictions involved the same victim and were not the result of the now impermissible natural and probable consequences theory. The law of the case was established in proceedings on his first petition for resentencing. Affirmed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: January 22, 2024, Case #: B324567, Categories: Murder, Sentencing
J. Yegan finds the trial court improperly applied a gang enhancement when sentencing defendant for attempted assault with a deadly weapon. Defendant shot at and missed the victim after an altercation in a parking lot, which was seen by several witnesses. The state concedes the record does not establish the offense benefitted defendant's gang more than reputationally. Vacated in part.
Court: California Courts Of Appeal, Judge: Yegan , Filed On: December 13, 2023, Case #: B324477, Categories: Assault, Weapons, Gangs
J. Yegan finds the trial court properly convicted defendant for human trafficking of a minor for a commercial sex act involving force. Evidence found during the traffic stop, including condoms, feminine hygiene products, wigs, clothing, and text messages referring to prostitution and threats of abuse, was properly admitted and supports the conviction. Affirmed.
Court: California Courts Of Appeal, Judge: Yegan , Filed On: November 20, 2023, Case #: B312618, Categories: Evidence, Sex Offender, Child Victims
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J. Yegan finds the county court properly denied defendant’s second petition for resentencing. Defendant was convicted for murder and conspiracy to commit murder, with both convictions involving the same victim. The conspiracy conviction shows that, as a matter of law, the target offense is murder. This holding is the law of the case, conclusively establishing that defendant is not entitled to resentencing. Affirmed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: October 30, 2023, Case #: B324567, Categories: Murder, Sentencing, Conspiracy
J. Yegan modifies the previous opinions in order to clarify how a cited case does not apply. Defendant was sentenced to a consecutive sentence after being found guilty of weapons possession while in prison. His sentencing enhancement for prior convictions on sexually violent offenses were not applied to this sentence. Both defendants filed their petitions while serving separate sentences imposed for felonies committed while in prison. Defendants are not eligible for resentencing, there is no change in the judgment, and the appeals are dismissed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: October 2, 2023, Case #: B322608, Categories: Sentencing, Sex Offender, Assault
J. Yegan finds that the trial court properly denied defendants' petitions to strike prior prison term enhancements. Statute now limits such enhancements, but defendants had already completed their enhanced sentence terms when they filed their petitions, so the trial court did not have jurisdiction to hear the petitions.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: September 12, 2023, Case #: B322608, Categories: Sentencing, Jurisdiction
J. Yegan finds that the trial court improperly entered a preliminary injunction that prohibited a county from removing unpermitted landscaping, boulders and other obstacles to parking on public land near a popular trailhead. Statute and local ordinance authorize the county to remove any encroachment on a public right of way, and the county's removal project is categorically exempt from the requirements of the Environmental Quality Act. Also, removal of the encroachments would not irreparably harm the residents who placed them there. Reversed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: August 16, 2023, Case #: B322465, Categories: Environment, Property
J. Yegan finds that the trial court lacked the authority to reduce a felony wobbler charge of resisting an executive officer to a misdemeanor over the state's objection. The trial court's pretrial order was appealable since it usurped the state's charging authority and violated the constitutional separation of powers. Vacated.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: August 16, 2023, Case #: B326653, Categories: Criminal Procedure, Resisting Arrest
[Consolidated] J. Yegan dismisses the appeals from the trial court’s postjudgment order denying defendants' petitions to strike prior prison term enhancements imposed pursuant to former penal code. The orders are nonappealable because the trial court lacked jurisdiction to adjudicate the petitions. "The term for an in-prison offense does not become part of the aggregate prison term imposed for those offenses which were committed 'on the outside.'”
Court: California Courts Of Appeal, Judge: Yegan , Filed On: July 27, 2023, Case #: B322608, Categories: Jurisdiction, Prisoners' Rights
J. Yegan finds that the trial court properly denied defendant's second petition for resentencing for felony murder. He failed to show that he is entitled to relief since he could still be found vicariously liable for the provocative conduct of his accomplice and convicted of provocative act murder.
Affirmed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: July 18, 2023, Case #: B321947, Categories: Murder, Robbery, Sentencing
J. Yegan rejects defendant's claim that he is entitled to the postconviction relief of having his 230-year sentence vacated due to alleged errors in the application of the "Three Strikes" law. His disagreement with counsel does not support an ineffective assistance claim, and his motion is actually an untimely habeas petition filed more than 20 years after the entry of judgment.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: June 2, 2023, Case #: B323199, Categories: Sentencing, Sex Offender, Kidnapping
J. Yegan sanctions appellant for filing an indisputably frivolous appeal in a contract action that was dismissed in summary judgment. The trial court properly denied appellant leave to amend a cross-complaint since appellant did not timely request leave to amend, show that the trial court's summary judgment ruling was arbitrary or file an opposition to summary judgment that was supported by any evidence. Both appellant and his counsel must pay $10,000 to respondent for delays the appeal caused in foreclosing on a mechanic's lien and $5,000 to the appeals court.
Affirmed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: June 2, 2023, Case #: B319563, Categories: Sanctions, Contract, Attorney Discipline