CA Unpub Decisions

The juvenile court terminated the parental rights of defendants and appellants
J.R. (Mother) and D.F. (Father; collectively Parents) to L.F. (Minor). (Welf. & Inst.
Code, § 366.26.)1
Father contends the juvenile court erred by terminating his parental
rights because the court should have applied the parent-child bond exception.

The juvenile court terminated the parental rights of defendants and appellants
J.R. (Mother) and D.F. (Father; collectively Parents) to L.F. (Minor). (Welf. & Inst.
Code, § 366.26.)1
Father contends the juvenile court erred by terminating his parental
rights because the court should have applied the parent-child bond exception.

Defendant Burlington Coat Factory of California appeals from the trial court’s order denying its special motion to strike under Code of Civil Procedure section 425.16 (section 425.16) as to the putative class action complaint filed by plaintiff Krizel Gallano. The complaint alleges that defendant illegally used California’s shoplifting statute (Pen. Code, § 490.5) to improperly shift to its employees business losses caused by common on-the-job mistakes. The trial court determined that the conduct alleged by plaintiff was not activity protected by section 425.16 because it constituted extortion as a matter of law. We disagree, and remand the matter for further proceedings.

Defendant Ryan Paul Salazar pleaded no contest to commercial burglary (Pen. Code, § 459) and was sentenced to a term of eight months consecutive to the sentence of two years eight months in case No. SS102039A. He later filed a petition pursuant to section 1170.18, which was enacted as part of Proposition 47, seeking to have his felony conviction for commercial burglary redesignated as misdemeanor shoplifting under section 459.5. (See § 1170.18, subd. (f).) The trial court denied the petition.

In April 2000, appellant, David Echeverria, entered a guilty plea to second degree
burglary (Pen. Code,1 § 459). Pursuant to the agreement, appellant was sentenced to a
three-year term.

On August 3, 2015, defendant Reginal Wayne Ronquillo pled no contest to one count each of abusing or endangering the health of a child (Pen. Code, § 273a, subd. (a)), inflicting corporal injury upon a spouse or cohabitant (§ 273.5, subd. (a)), and making criminal threats (§ 422), in exchange for the dismissal of the remaining 16 counts, including numerous sexual offenses, which were agreed to be transactionally related to the pled counts. Defendant also admitted he had one prior strike conviction (§§ 1170.12, subds. (a)–(d), 667, subds. (b)–(i)).
On September 9, 2015, the trial court denied defendant’s motions to withdraw his plea and dismiss the prior strike. In accordance with the plea agreement, the court sentenced defendant to a total prison term of 15 years four months, and ordered defendant to register as a sex offender pursuant to section 290.006.

The juvenile court sustained allegations Jose A. (Minor) committed a
misdemeanor for vandalism of property (Pen. Code,1 § 594, subd. (a)(b)(2)(A); count
3).2 The court adjudged Minor a ward of the court and granted probation under certain
terms and conditions. (Welf. & Inst. Code, § 602.) On appeal, Minor contends the
probation conditions regarding warrantless electronic devices and Internet searches are
unreasonable and unconstitutionally overbroad. We conclude both conditions are
reasonable and constitutional. We, therefore, affirm the judgment.

Ricardo U. Franchi appeals from an order granting an injunction prohibiting harassment under Code of Civil Procedure section 527.6. Franchi contends substantial evidence does not support the trial court's decision. However, as Franchi's brief acknowledges, there is no reporter's transcript of the proceedings. In the absence of a reporter's transcript, the evidence is conclusively presumed to support the judgment. (Estate of Fain (1999) 75 Cal.App.4th 973, 992 (Fain).) Accordingly, we affirm.

In September 2015, defendant entered the garage of Kenneth Phillips with the
intent to commit a theft. Phillips, his wife, and their two children were present in the
home at the time. Defendant pleaded guilty to first degree residential burglary (Pen.
Code, § 459),1 a serious felony (§ 1192.7, subd. (c)(18)) and admitted a person who was
not an accomplice was present during the commission of the burglary, making it a violent
felony (§ 667.5, subd. (c)(21)). Defendant waived his right to appeal. The trial court
dismissed the remaining counts and allegations. In accordance with the plea agreement,
the trial court sentenced defendant to serve a prison term of six years, and awarded him
269 days of presentence custody credit. The trial court ordered defendant to pay $350 for
presentence investigation costs (§ 1203.1b), pay a $1,800 restitution fine (§ 1202.4),
imposed and suspended a $1,800 parole revocation fine (§ 1202.45), and pay a $40 court
operations assessment (§ 1

Defendant Jamall Dejuan Matthews suffered multiple
convictions, only one of which is challenged on appeal. Defendant
challenges the sufficiency of the evidence to support his
conviction for false compartment activity, relating to a space in
his vehicle where he stored controlled substances and a firearm.
Following People v. Arias (2008) 45 Cal.4th 169 (Arias), we find
no substantial evidence supported the conviction for false
compartment activity and reverse that conviction. In all other
respects, we affirm the judgment.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Barry Carlton and Sabrina Y. Lane-Erwin, Deputy Attorneys General, for Plaintiff and Respondent.
A petition was filed with the juvenile court under Welfare and Institutions Code section 602 alleging that Christopher O. committed an assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4); count 1) and that Christopher unlawfully and maliciously vandalized the personal property of another (§ 594, subd. (a)(b)(2)(A); count 2). The People filed an amended petition adding allegations that Christopher committed counts 1 and 2 in association with a criminal street gang (§ 186.22, subd. (b)(1)) and that Christopher personally inflicted great bodily injury upon the victim (§ 12022.7, subd. (a)).

Defendant Akaninyene William Etuk appeals from the
judgment entered following a trial in which the jury found him
guilty of assault with a deadly weapon (baseball bat; Pen. Code,
§ 245, subd. (a)(1)). He was sentenced to prison to the two-year
low term.

The father, Francisco G., has appealed from a jurisdictional order in a dependency proceeding which imposed certain conditions on his custody of his two children, K.G. and F.G. The Department of Children and Family Services has moved to dismiss his appeal on mootness grounds. We agree the appeal is moot and order its dismissal.
On October 17, 2016, the adjudication and dispositional hearings were held. The Welfare and Institutions Code section 300 dependency petition was sustained in part. The father was given custody of the children but was required to live with the maternal grandmother, Teresa R. The father appealed from that part of the dispositional order which required he reside in the home of the maternal grandmother and other related conditions.

Defendant Raymond Edward Gunter pleaded no contest to violating Penal Code
section 311.11, subdivision (b)1
by possessing matter depicting a person under the age
of 18 engaging in or simulating sexual conduct, having previously been convicted of that
offense. Defendant was placed on probation for three years and ordered to serve one year
in jail as a condition of probation. The trial court also imposed a probation condition
barring defendant from knowingly purchasing or possessing “any pornographic or
sexually explicit material as defined by the probation officer.”