CA Unpub Decisions

T.T. (mother) is the mother of now five-year-old M.P., the subject of this writ petition. On November 13, 2018, the juvenile court terminated reunification services for Phillip P., M.P.’s father, at an 18-month review hearing (Welf. & Inst. Code, § 366.22, subd. (a)(1)) and set a section 366.26 hearing for February 26, 2019, to implement a permanent plan. The previous July, the court terminated mother’s reunification services at a combined six- and 12-month review hearing, which she appealed. Mother filed an extraordinary writ petition from the juvenile court’s setting order asserting the “inaccuracy of actual court record” as grounds for error. We dismiss the petition, concluding it fails to comply with the content requirements of California Rules of Court, rule 8.452.

On October 26, 2016, a petition was filed by the Madera County Department of Social Services (department) pursuant to Welfare and Institutions Code section 300 alleging that daughters Isabel G., Chloe G., and B.G. (then respectively seven, five, and four years old) were at serious risk of physical harm because their mother Isabel Z. (mother) and C.O., the biological father of the couple’s son B.O. (then 23 months old), were abusing methamphetamine and engaging in multiple instances of domestic violence. The children had been detained on October 24, 2016.

On July 20, 2017, appellant, Aaron Jay Garnica, was charged in a criminal complaint in case No. F17904203 (the first case) with second degree robbery (Pen. Code, § 211; count 1), one prior serious felony conviction within the meaning of the three strikes law (§§ 667, subds. (c)-(i) & 1170.12, subds. (a)-(d)), and enhancements for having a prior serious felony conviction (§ 667, subd. (a)), and a prior prison term (§ 667.5, subd. (b)).
On December 22, 2017, Garnica was charged in a new criminal complaint in case No. F17907462 (the second case) with possession of a weapon while an inmate in a penal institution (§ 4502, subd. (a); count 1). He was further charged with the same enhancements for having a prior serious felony conviction and a prior prison term as in the first complaint.

Appellant Alberto Mendoza pled no contest to unauthorized possession of methamphetamine in prison (Pen. Code, § 4573.6/count 1) and possession for sale of methamphetamine (Health & Saf. Code, § 11378/count 4) and he admitted a prior prison term enhancement (§ 667.5, subd. (b)) and allegations that he had a prior conviction within the meaning of the “Three Strikes” law (§ 667, subds. (b)-(i)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.

At the conclusion of a jury trial on December 29, 2016, Michael Everett Janes was convicted of discharging a firearm from a motor vehicle at another person (Pen. Code, § 26100, subd. (c); count 1), assault with a firearm (§ 245, subd. (a)(2); count 2), and possession of a firearm by a felon (§ 29800, subd. (a)(1); count 3). The jury found true firearm enhancements alleged in count 1 (§§ 12022.53, subds. (b), (c), & (d)) and count 2 (§§ 12022.5 & 12022.55). Janes admitted a prior strike conviction within the meaning of the three strikes law. (§§ 667, subds. (b)-(i), 1170.12, subds. (b)-(g).)

Appellant, Frank Rocco, filed an action against respondent, correctional officer Xavier Serna, for negligence in failing to protect appellant from being attacked by his cellmate. Respondent filed a demurrer to the complaint based on appellant’s failure to timely submit a claim under the Government Claims Act (Gov. Code, § 810 et seq. (the Act)). The court sustained the demurrer and dismissed the complaint without leave to amend.
Appellant challenges the trial court’s ruling on appeal. He concedes that he did not timely file a claim under the Act. However, he alleges for the first time on appeal that he was excused from the timely filing of a claim based on his incapacitation resulting from the injuries suffered in the attack. Upon review, we affirm.

We have reviewed and considered the petition and record in this matter. The Attorney General has filed an informal response at this court’s invitation recommending a grant of the petition. We have determined that resolution of the matter involves the application of settled principles of law, and relief is therefore appropriate in this instance without the need for an order to show cause.

Amanda Frechette (Mother) and Matthew Frechette (Father) divorced in August 2016. Mother and Father shared two children, S.F. and P.F. (collectively, the children). In November 2016, a stipulation and order for custody was entered, granting (1) joint legal custody to Mother and Father; (2) sole physical custody to Mother; and (3) alternate weekend visitation to Father. In November 2017, Father, who resided in Nevada, filed a request for sole legal and physical custody of the children. The family court granted Father’s request and permitted the children to live in Nevada.
Mother raises two issues on appeal. First, Mother contends the family court erred by not issuing a statement of reasons concerning the modification of custody. (Fam. Code, § 3087.) Second, Mother contends the family court erred by failing to consider the factors pertaining to a move-away order. We affirm the judgment.

A jury convicted Jose Manuel Flores of kidnapping (Penal Code, § 207, subd. (a)) and found true enhancements that he discharged a firearm causing great bodily injury and committed a crime for the benefit of, in association with, or at the direction of a criminal street gang. (§§ 12022.53, subds. (d) & (e), § 186.22, subd. (b)(1)(c).) It also convicted him of criminal street gang activity (§ 186.22, subd. (a)) and misdemeanor giving false information to a peace officer. (§ 148.9 (a).) The court declared a mistrial on the attempted murder count (§§ 187, subd. (a), 664) because the jury could not reach a unanimous verdict, and the court subsequently granted a motion to dismiss the count in the interest of justice.

In 2005, Jermane Terrel White pled guilty to one count of petty theft (Pen. Code, § 484) and was placed on formal probation. However, his probation was revoked following an arrest for new offenses and he was ultimately convicted of additional counts of robbery (Pen. Code, § 211) and petty theft (Pen. Code, § 484) and sentenced to two years in state prison. After serving his sentence, White was hospitalized at Atascadero State Hospital as a mentally disordered offender (MDO), pursuant to Penal Code section 2962. He was initially admitted to the hospital in January 2010.
In December 2017, following extensions of his commitment each year between 2012 and 2017, the District Attorney's office filed a petition to extend White's involuntary treatment another year pursuant to Penal Code sections 2970 and 2972. Following a jury trial, White was found to be MDO and the trial court entered an order extending his commitment another year. White now appeals from that order

Defendant Russell Joseph Merck appeals the sentence imposed on him by the trial court related to a crime spree in which he committed multiple home burglaries. The criminal proceedings against Merck were twice suspended after Merck was determined to be mentally incompetent to stand trial. Upon reinstatement of the proceedings, Merck was convicted of multiple offenses, and he admitted having suffered prior convictions, including a prior strike conviction.
On appeal, Merck contends that his trial counsel rendered ineffective assistance by failing to present to the court the results of recent mental health evaluations of Merck, and providing insufficient information regarding Merck's mental health history and his impaired mental condition at the time he committed the offenses, in support of Merck's Romero motion.

Appellant Rodney E. Keim appeals the probate court’s order denying his petition requesting an accounting of the Rodney E. Keim Trust. Appellant’s opening brief does not raise any claim of error in the probate court’s ruling or present any legal argument. We dismiss the appeal.

Mother E.M. appeals from the termination of her parental rights to five of her children. The sole argument she raises on appeal is that the court erred in its application of the Indian Child Welfare Act (ICWA) with respect to the three middle children, in that their father, R.E., may have had Native American ancestry which was not properly investigated. We disagree and affirm.

The Los Angeles County District Attorney’s Office charged defendant and appellant Gary Allen Cecil with criminal threats and stalking. Following trial, the jury found defendant guilty. Defendant was sentenced to a term of 35 years to life in state prison. He appealed, and on April 18, 2012, we affirmed the judgment. (People v. Cecil (Apr. 18, 2012, B228850) [nonpub. opn.], at p. 2.)