CA Unpub Decisions

On June 28, 2007, after pleading no contest, appellant Rodrick Johnson was convicted of two counts of robbery and one count of kidnapping. (Pen. Code, §§ 207; 211.) As to the kidnapping, he admitted a gang enhancement and an enhancement for personally using a firearm. (§§ 186.22, subd. (b); 12022.53, subd. (b)(1).) Johnson also admitted a strike prior. (§ 1170.12, subd. (c)(1).) Pursuant to the plea agreement, Johnson was sentenced to serve 40 years in prison.

Defendant Carlos Jose Salinas burglarized a medical facility, stealing computer equipment, prescription pads, and medications. He pleaded no contest to second degree burglary and possession of a prescription blank. The trial court suspended imposition of sentence and placed defendant on three years’ formal probation subject to various conditions, including that defendant submit to chemical tests and complete a substance abuse treatment program. On appeal, defendant challenges as unreasonable the chemical testing and substance abuse treatment program probation conditions. We shall affirm.

Foothill-De Anza Community College District (the District) laid off Maria Casey from her position as Special Assistant to the President of Foothill College because of lack of work or funds. Shortly after Casey’s layoff, she applied to the District for the position of Web and Print Communications Design Coordinator (Web Coordinator). The District hired an outside applicant to fill that position. Casey sought a writ of mandate from the trial court ordering the District to offer her the Web Coordinator position on the theory that the District had failed to carry out its ministerial duty under Education Code section 88117, subdivision (a)(1) to give reemployment preference to previously laid off employees over new applicants. The District responded that section 88117, subdivision (a)(1)’s reemployment preference did not apply to Casey’s application for Web Coordinator, as that position would have been a promotion for her.

Defendant Adrian Montes ran a red light while driving under the influence of alcohol. His vehicle collided with another vehicle, seriously injuring its two occupants. Defendant pleaded guilty to two counts of driving under the influence of alcohol causing injury (Veh. Code, § 23153, subd. (a)) and admitted allegations that he inflicted great bodily injury on one victim and inflicted great bodily injury on a second victim, who become comatose due to brain injury. The trial court sentenced defendant to a three-year term. On appeal, defendant seeks to have one of his convictions dismissed, noting that one incident of driving under the influence can give rise to only a single violation of Vehicle Code section 23153, regardless of the number of victims. Defendant also argues the trial court erred in failing to conduct a hearing pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden) and with respect to its award of conduct credits. We shall affirm.

On February 23, 2014, Crispin Guajardo, a known associate of the Norteno criminal street gang, was shot and killed outside a bar in Greenfield, California. Following a jury trial, defendant Arnulfo Pineda, a member of the Mexican Klan Locos subset of the Sureno criminal street gang, was convicted of Guajardo’s murder. The jury also found true several enhancements, including a gang enhancement and three firearm enhancements.

David E. Critzer appeals from a status-only judgment of dissolution of his marriage to Margaret L. Critzer. The judgment followed a contested hearing ending on February 3, 2015. The judgment reserved jurisdiction over all other issues, and it incorporated (1) an order granting bifurcation and a separate trial on marital status with certain conditions and (2) a provisional award of retirement benefits. The status-only judgment was entered “nunc pro tunc” as of December 31, 2014.

Seeking a writ of habeas corpus, Randal Letcher Scott challenges the trial court’s order setting his bail at $750,000 with an implicit affordability determination that Scott could “choose to post bail” or remain behind bars at his election. In admitting Scott to bail, purportedly at his option, the court impliedly determined Scott did not pose such a public safety or flight risk that he should be precluded from release pending trial. Under such circumstances, the governing constitutional and statutory provisions, including due process safeguards against arbitrary treatment and excessive punishment, require that the bond must be fixed with a view to giving the prisoner his or her liberty. As we explain, the record does not support the court’s determination Scott could secure his release with bail at $750,000. The record is to the contrary.

Paul Randall appeals the trial court’s judgment granting Jeffrey Gross declaratory relief. Randall asserts the court erred because the undisputed facts supported Randall’s claims. He also contends the court abused its discretion by refusing to grant a third continuance of the trial date. We find no error and affirm the judgment.

Defendant James Kennedy, a prison inmate, punched a correctional officer in the face. He was thereafter charged with and convicted by jury of battery by a prisoner on a nonconfined person, in violation of Penal Code section 4501.5. In a bifurcated proceeding, the jury also found true that defendant suffered five prior serious and/or violent felony convictions within the meaning of the Three Strikes law. (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(e).) Defendant was sentenced to an indeterminate term of 25 years to life, to be served consecutive to his previously imposed prison sentence.

Defendant Valeriano Arroyo-Cruz was charged with and convicted by jury of sodomy of a child 10 years of age or younger (Pen. Code, § 288.7, subd. (a)) (count 1), oral copulation or sexual penetration of a child 10 years of age or younger (§ 288.7, subd. (b)) (count 2), and continuous sexual abuse of a child under the age of 14 years (§ 288.5, subd. (a)) (count 3). The trial court sentenced defendant to a total term of 40 years to life in prison plus 16 years as follows: an indeterminate term of 25 years to life on count 1; a consecutive indeterminate term of 15 years to life on count 2; and a consecutive determinate term of 16 years on count 3.

Appellant Durward Jones III was found by court trial to be a sexually violent predator (SVP) pursuant to the Sexually Violent Predators Act (SVPA), commencing at Welfare and Institutions Code section 6600. He was ordered to civil commitment for an indeterminate term. Appellant appeals the commitment order, making several evidentiary challenges to the sole expert witness’s testimony and the written evaluation he submitted. We affirm the commitment order without addressing the merits of appellant’s contentions on the basis that any error in admitting the challenged evidence was clearly harmless.

A jury convicted William Hernandez of four counts of forcible oral copulation (Pen. Code, § 288a, subd. (c)(2)(A)), four counts of forcible rape (§ 261, subd. (a)(2)), one count of sodomy by force (§ 286, subd. (c)(2)(A)), and two counts of false imprisonment by violence (§ 236). As to two of the forcible oral copulation and forcible rape counts, the jury found true the allegation that Hernandez committed these offenses against more than one victim. (§ 667.61, subd. (e)(4).) As to the other two forcible oral copulation and forcible rape counts, and the sodomy by force count, the jury found true both the multiple victims allegation and the allegation that Hernandez committed the offenses during the commission of a burglary. (§ 667.61, subd. (e)(2), (4).) The trial court sentenced Hernandez to a total term of 185 years to life imprisonment.

L.C. (Mother) appeals a juvenile court order terminating her parental rights to Z.Z. (Minor) and choosing adoption as the child's permanent plan. (Welf. & Inst. Code, § 366.26.) Mother contends the juvenile court erred in finding the beneficial parent-child relationship exception to adoption did not apply. (Id., subd. (c)(1)(B)(i).) We conclude there is substantial evidence to support the court's factual findings and the court did not abuse its discretion in determining the parent-child relationship did not outweigh the benefit of adoption for Minor. We, therefore, affirm the order.

The Regents of the University of California (the Regents) appeal from an order denying their special motion to strike the complaint of John Doe under California's anti-SLAPP statute, Code of Civil Procedure section 425.16. Doe, formerly a tenured professor at the University of California, San Diego (the University), sued the Regents for breach of contract, breach of the implied covenant of good faith and fair dealing, and declaratory relief, after the University instituted disciplinary proceedings against him for allegedly harassing two of his subordinates based on sex and sexual orientation.