CA Unpub Decisions

A criminal law decision regarding unlawful possession of a firearm, obliterating the identification of a firearm, unlawful possession of ammunition, and possession of a firearm in violation of a probation condition.

A modification decision.

Appellant appeals an order terminating her legal guardianship to her minor grandsons. Appellant contends the court erred by granting the San Diego County Health and Human Services Agency's (the Agency) petition for modification seeking to terminate legal guardianship under Welfare and Institutions Code section 388.Minor's mother, also appeals and joins in Appellant's arguments.

In 1991, at a disposition hearing on a probation violation, defendant waived his accrued presentence credits as a condition of being reinstated on probation. Some of those credits had accrued shortly after his 1986 offense, and other credits accrued between the 1991 act constituting the probation violation and the hearing. In 2005, when probation was revoked and he was sent to prison, defendant was not awarded any of those credits.

On appeal, defendant contends his waiver applied only to the credits that accrued in 1991 and did not extend retrospectively to the credits that had accrued in 1986.

Court affirm the judgment.

Petitioners, mother and father are the parents of minor, who was born in June 2003, and is a dependent of the juvenile court. Under California Rules of Court, rule 38.1, mother and father each filed a petition for extraordinary relief seeking review of the juvenile court's May 2006 jurisdiction and disposition rulings. The latter ruling ordered no child welfare services and set a permanency planning hearing under Welfare and Institutions Code section 366.26. Court conclude the juvenile court did not err and substantial evidence supports its rulings. Accordingly, court deny the petitions.

A criminal law decision regarding felonious assault with personal infliction of great bodily injury; battery with serious bodily injury with personal infliction of great bodily injury and personal use of a deadly and dangerous weapon; felonious assault with personal infliction of great bodily injury; battery with serious bodily injury with personal infliction of great bodily injury and personal use of a deadly and dangerous weapon; and possession of a deadly weapon.

A jury convicted appellant of one count of continuous sexual abuse in violation of Penal Code section 288.5, subdivision (a). The trial court sentenced appellant to the midterm of 12 years. Appellant appeals on the ground that the trial court erroneously and prejudicially excluded evidence of other allegations of abuse made by the victim.

By petition for a writ of habeas corpus, Appellant seeks review of an order of the superior court denying her request to reduce bail set at $3 million in a pending prosecution for vehicular manslaughter. Court issued an order to show cause why the petition should not be granted. Court grant the petition for a writ of habeas corpus, vacate the order denying petitioner's motion for bail reduction, and remand the matter for redetermination of the amount of bail in accordance with this opinion.

Appellant appeals from an order granting Plaintiff's request for a temporary restraining order under the Domestic Violence Prevention Act (DVPA). Appellant has failed to include in the record a copy of the reporter's transcript. Given the state of the record in this case, Court unable to conclude that the trial court erred in issuing the restraining order. Accordingly, court affirm.

Appellant filed a complaint against respondent seeking damages for injuries sustained as the result of his exposure to asbestos. Respondent filed a motion for summary judgment arguing it was entitled to prevail, as a matter of law, because appellant could not establish causation. The trial court agreed and granted the motion. Appellant now appeals. Court affirm.

This appeal is from an order granting motions to quash service of summons for lack of personal jurisdiction. Another similar motion was filed, but it was denied and is not a part of this appeal. Court affirm.

Defendant was detained by Los Angeles Police Officers for a traffic violation and was unable to provide a valid driver's license. During the detention, the Officers discovered that there were outstanding warrants for his arrest. Based on the warrants, they arrested defendant and, during a search incident to that arrest, one of the Officers discovered cocaine on his person. Court hold that the prosecution's failure to produce the warrants at the suppression hearing did not constitute reversible error because there was sufficient alternative evidence of probable cause to arrest introduced at the suppression hearing to justify defendant's arrest, and the subsequent search, under the Fourth Amendment.

Defendant pled no contest to possession for sale and transportation of cocaine base, following his unsuccessful motion to suppress evidence pursuant to Penal Code section 1538.5. The trial court sentenced defendant to the low term of three years in state prison for the possession for sale offense, suspended execution of the sentence, and placed defendant on three years of formal probation. In this timely appeal from the judgment, defendant contends the trial court erred in denying his motion to suppress evidence discovered during a search of his car and person, following a traffic stop. Court reject this contention and affirm.

Appellant pled guilty to two counts of violation of Health and Safety Code section 11350, subdivision (a), possession of a controlled substance. Appellant was placed on probation for a period of three years. On September 26, 2005, the superior court found appellant in violation of his probation. The court then reinstated probation on additional terms and conditions. Court appointed counsel to represent him on appeal. Court examined the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)