CA Unpub Decisions

Christopher B. was charged by petition with vandalism resulting in less than $400 in damages. (Welf. & Inst. Code, 602; Pen. Code, 594, subd. (a).) The petition was sustained, his maximum period of confinement was set at one year, and he was placed at home on probation. Christopher appeals, challenging the sufficiency of the evidence and the term of confinement. Court agree that no term of confinement should have been set, modify the judgment accordingly, and otherwise affirm.

The trial court abused its discretion when it denied Alan Dohners (Dohner) Code of Civil Procedure section 170.6, subdivision (a)(2) challenge. Accordingly, Court grant the petition for writ of mandate. A peremptory writ issued.

On February 20, 2007, the United States Supreme Court granted a petition for writ of certiorari in this case, vacated the judgment of this court and remanded the case to us for further consideration in light of Cunningham v. California (2007) 549 U.S. __ [166 L.Ed.2d 856] (Cunningham). We directed the parties to submit supplemental briefs addressing the Cunningham issues. Since that time, the California Supreme Court has issued its decisions in People v. Black (2007) 41 Cal.4th 799 (Black II) and People v. Sandoval (2007) 41 Cal.4th 825 (Sandoval). Upon further consideration, we shall remand for resentencing pursuant to Cunningham, but otherwise affirm the judgment as before. Court reissue our previous opinion with a revised section addressing the Cunningham issues.

Investigating a report of a reckless driver, officers found defendant Nathaniel Alan Jones asleep at the wheel of a stolen vehicle which still had its motor running. When awakened by an officer, defendant accelerated, ran over an officers foot and hit the body of another officer before the car came to a stop. As officers pulled defendant from the car, he resisted.
Having undertaken an examination of the entire record, we find no other arguable error that would result in a disposition more favorable to defendant. Court also note an error in preparation of the abstract of judgment. It fails to reflect under other orders, the one year concurrent term imposed for misdemeanor obstruction. Court order the abstract corrected accordingly. (People v. Mitchell (2001) 26 Cal.4th 181, 185.)
The matter is remanded to the trial court for further proceedings with respect to presentence custody credit only. The judgment is otherwise affirmed. The trial court is directed to prepare a corrected abstract of judgment reflecting under other orders the one year concurrent term for misdemeanor obstruction and to forward a certified copy to the Department of Corrections and Rehabilitation.

When Maribel Medina returned home at 9:10 a.m. on December 19, 2005, she discovered that her home had been burglarized and called the police. Rancho Cordova Police Officer Steven Wright found drawers and doors had been opened and pry marks were on the sliding glass door. Medina discovered that her sons Play Station 2 and games were missing, as well as CDs, her sons prescription glasses and a cell phone.
The judgment is modified to provide for $80 in court security fees. As modified, the judgment is affirmed. The trial court is directed to prepare an amended abstract of judgment accordingly and to forward a certified copy to the Department of Corrections and Rehabilitation.

Jack Snell entered a negotiated guilty plea to cultivating marijuana (Health & Saf. Code, 11358). The court placed him on three years' probation. Snell appeals, contending the conditions of his probation must be modified to allow for the probability that he may qualify for a prescription medication containing the active ingredient in marijuana. Court affirm.

H. D. and Allen D. appeal the findings and orders entered at the permanency planning hearing held pursuant to Welfare and Institutions Code section 366.26. Citing In re Sade C. (1996) 13 Cal.4th 952, they ask this court to exercise its discretion to review the record for error. The appeals are dismissed.

In September 2003, David Thompson drowned after his motorized wheelchair in which he was sitting rolled into his backyard pool. Thompson's family and estate (collectively heirs) filed a wrongful death action against Reliable Home Help Nurses Registry, Inc. (Reliable), the caretaker referred by Reliable, and others.
Let a peremptory writ of mandate issue directing the superior court to vacate its April 20, 2007 order denying the motion to compel and issue an order granting the motion. The stay issued by this court on July 31, 2007, is vacated. Reliable is entitled to costs in the writ proceeding. This opinion is made final immediately as to this court. (Cal. Rules of Court, rule 8.264(b)(3).)

G.D.s father is an enrolled member of the Choctaw Nation of Oklahoma and G.D., through his father, is an Indian child eligible for enrollment in the tribe. Both mother and father have criminal records and have been incarcerated intermittently. G.D. tested positive at birth for methamphetamine exposure. Relying upon the sibling relationship exception to adoption stated in section 366.26 (In re Naomi P. (2005) 132 Cal.App.4th 808, 822-824), father appeals from an order terminating his parental rights. Court reject fathers contentions and affirm.

Defendant pleaded guilty to one count of identity theft (Pen. Code, 530.5, subd. (a))[1]and admitted that he had sustained four prior prison terms ( 667.5, subd. (b)). In return, defendant was promised a total term of seven years in state prison and the dismissal of an alleged prior strike conviction ( 667, subds. (c) & (e)(1), 1170.12, subd. (c)(1)). The People objected to the sentence and to the dismissal of the prior strike allegation based on the court engaging in illegal plea bargaining, the courts failure to send the matter for a presentence report to fully investigate defendants priors, and defendants failure to bring a motion to dismiss the strike. After the trial court commented that it was not a plea bargain and noted its reasons for dismissing the prior strike allegation, the court sentenced defendant pursuant to its agreement: the upper term of three years for the substantive offense, plus four consecutive one-year terms for each of the prior prison term allegations.
The People now appeal, contending that (1) the trial court engaged in illegal plea bargaining, and (2) the trial court abused its discretion in dismissing the prior strike allegation. As explained below, Court agree and reverse the judgment.

This case involves a transaction in which the owner of half the stock of a corporation sold the stock back to the corporation. The corporation financed the purchase with a promissory note, which was personally guaranteed by the owner of the other half of the stock. The guarantor pledged property of his own to secure his performance on the guarantee. The seller sued the corporation, claiming it should have taken steps to perfect, either by filing or by control, his security interest in the guarantors property. The trial court granted the corporations motion for summary judgment. Court affirm the judgment.

Appellant Daniel Vidales was charged in Merced County Superior Court in three separate cases (Nos. 29488, 29865, 29866) with a number of drug-related offenses occurring on three separate dates. After a consolidated jury trial, Vidales was convicted of two counts of transportation of methamphetamine (Health and Saf. Code,[1] 11379); one count of possession of marijuana for sale ( 11359); one count of possession of methamphetamine ( 11377, subd. (a)); one count of transportation of more than 28.5 grams of marijuana ( 11360, subd. (a)); and three misdemeanor countsone count of driving under the influence (Veh. Code, 23152, subd. (a)) and two counts, one each, of transportation and possession of less than 28.5 grams of marijuana ( 11360, subd. (b) & 11357, subd. (b)). In a bifurcated proceeding, the trial court found that Vidales had suffered a prior drug offense within the meaning of section 11370.2, subdivision (c), and that at the time of the offense, he was out on bail or on his own recognizance in two other cases. A Penal Code section 667.5, subdivision (b), enhancement was dismissed. At sentencing, the trial court sentenced Vidales to a total term of 12 years eight months in state prison for the felony counts and imposed various fines and concurrent jail time on the misdemeanor counts. The latter are not challenged on appeal.
The judgment is affirmed.

A modification decision.

The demurrer of defendant William D. Bezdek, M.D. (respondent) to the second amended complaint of plaintiff Abe Levi Wells (appellant) was sustained with leave to amend. Appellant failed to file a third amended complaint within the time specified by the court. He now appeals pro se from the judgment dismissing the action. Court affirm.