CA Unpub Decisions

Petitioner Pleasanton Citizens for Responsible Growth (PCRG) appeals from the denial of its petition for writ of administrative mandate pursuant to the California Environmental Quality Act (CEQA), challenging the certification of an environmental impact report by respondent City of Pleasanton (city) for the construction of a Costco Wholesale Corporation (Costco) retail store and gas station and other commercial developments. PCRG contends the city did not follow procedures required under CEQA by (1) failing to include an actual assessment of the cumulative traffic and air quality impacts of the project in combination with three other projects, and (2) failing to respond to public comments concerning such impacts with good faith and reasoned analysis. We conclude that PCRG’s claims challenging the adequacy of the analysis and comment responses related to traffic impacts are moot in light of recent amendments to the CEQA Guidelines, and we reject its similar claims related to air quali

Defendant Matthew Barker appeals from a judgment convicting him of attempted manslaughter (Pen. Code, §§ 192/664) (count 1) and making criminal threats (§ 422) (count 2) on the basis of a plea agreement, as authorized by a certificate of probable cause. (§§ 1237, subd. (b), & 1237.5, subd. (b).)

Defendant Wendell Coleman, Jr., appeals from a judgment of conviction, following a jury trial, of one count of corporal injury to a cohabitant, one count of false imprisonment with violence, and three counts of disobeying a court order. On appeal, defendant contends: the trial court violated his Sixth Amendment rights by denying his Faretta motion and in refusing to grant a continuance to retain counsel; erred in instructing the jury—pursuant to CALCRIM No. 361—that it could draw an unfavorable inference from his failure to explain or deny all of the evidence against him; and erred in including his daughter in the stay-away order.

Defendants James Robert McCullough and Jarmon Treyvion Davis appeal from a judgment of conviction, following a jury trial, of one count of robbery. (Pen. Code, § 211.) The jury also found true a personal use firearm enhancement as to Davis.

Charles Edward Bonner appeals the denial of his motion to reduce his felony forgery convictions to misdemeanors pursuant to Penal Code section 17, subdivision (b) (section 17(b)). Because we conclude that the trial court acted within its discretion in considering evidence that Bonner had engaged in further financial impropriety, we affirm.

In 2012, a jury found defendant Mike Carrillo Nunez guilty of aggravated assault with great bodily injury. The trial court imposed a 16-year sentence.

Andrea Bower, the former conservator for her late brother David Bower, has appealed from two postjudgment orders awarding David’s widow, Lynn Bower, attorney fees and costs incurred during the litigation of Andrea’s accountings for the third, fourth, and fifth periods of her conservatorship. The probate court previously entered two judgments – one on Andrea’s amended third accounting and the other on her fourth and fifth (and final) accountings – that found much to be desired in the way Andrea had conducted herself as David’s conservator. Andrea appealed from both judgments, and we issued our consolidated opinion on January 21, 2022.

B.F. (Mother) and A.C. (Father) are the parents of A.F., now eight years old; A.R.C., now five years old; and B.C., now four years old (collectively children). Pursuant to Welfare and Institutions Code section 366.26, the juvenile court terminated Mother’s and Father’s parental rights. Mother timely appealed.

Appellant and defendant Jose Antonio Hernandez entered a plea negotiation in which he agreed to a term of 10 years in state prison. The 10-year term included the imposition of two prior prison term enhancements. On appeal, he argued the enhancements must be dismissed because of the subsequent enactment of Senate Bill No. 136 (2019–2020 Reg. Sess.) (Senate Bill 136) that amended Penal Code section 667.5, subdivision (b). Defendant further argued that on remand, he could not be sentenced to more than the 10-year term that the prosecution agreed to as part of the plea agreement.

In this dependency case, the juvenile court found jurisdiction over the three children based upon allegations that the parents had substance abuse issues; failed to provide them with adequate care and shelter; and failed to provide them with necessary medical and dental treatment. Appellant, Veronica C. (Mother), appeals from the jurisdictional and dispositional orders. She challenges only the court’s finding that she had a current substance abuse problem that placed the children at risk of harm within the meaning of Welfare and Institutions Code section 300, subdivision (b)(1). Mother also challenges a dispositional order requiring her to participate in an outpatient substance abuse program. Father did not separately appeal.

After a rival gang shot two members of their gang, defendants Quaid Cornell and Andre Haynes opened fire on a group of civilians who lived in the rival gang’s territory, killing one victim and seriously injuring two others. A jury convicted Cornell and Haynes of one count of murder and two counts of attempted murder with true findings on gang and firearm allegations. (Pen. Code, §§ 186.22, subd. (b)(1), 12022.53 , unlabeled statutory citations refer to this code.) The trial judge sentenced Cornell to a total of 114 years to life and Haynes to a total of 153 years to life.

Gemma Torres appeals a postjudgment order distributing the community property interest in her retirement plan and awarding her ex-husband, Adalberto Torres, attorney fees and costs as sanctions for breach of fiduciary duty. Gemma contends the family court erred by imposing sanctions because Adalberto did not ask for them in his request for order. We reject this contention and affirm the order.

In 2002, Lejon Anderson Young pleaded guilty to first degree murder (Pen. Code, § 187, subd. (a)) as part of a plea bargain under People v. West (1970) 3 Cal.3d 595 (West). As a factual basis for the plea, the parties stipulated to the use of the transcript of the preliminary hearing. The parties also considered the change of plea form, which stated that they stipulated the prosecution evidence would show that Young drove the codefendant to a place knowing the codefendant was going to kill someone.

This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and In re Kevin S. (2003) 113 Cal.App.4th 97. Having reviewed the record as required by Wende and In re Kevin S., we affirm the judgment.