CA Unpub Decisions
California Unpublished Decisions
Appellant appeals from the order of the juvenile court that terminated her parental rights to her third child, eight year old D. She contends the juvenile court erred by finding that D. is adoptable and by failing to apply the exception to adoption set forth in Welfare and Institutions Code section 366.26, subdivision (c)(1)(E). Court affirm.
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Defendant appeals a judgment following his jury conviction of one count of offering to sell or furnish cocaine base (Health and Saf. Code, S 11352, subd. (a)) and one count of possession of cocaine base (S 11350, subd. (a)). On appeal, he contends the evidence is insufficient to support each conviction.
Court Affirm. |
Defendant struck Marc Vidrio with the palm of his hand, causing Vidrio to lose consciousness and suffer several facial fractures and a concussion. Based on this incident, the jury found Mendez guilty of battery with serious bodily injury, and assault by means of force likely to produce great bodily injury. (Pen. Code, SS 243, subd. (d), S 245, subd. (a)(1).) With respect to each count, the jury also found true that Mendez personally inflicted great bodily injury on the victim. (SSs 1192.7, subd. (c)(8), 12022.7.)
Mendez appeals, contending the court abused its discretion in refusing to strike the prior strike, and the court erred in refusing to grant a new trial based on jury misconduct and/or to grant his motion for juror information. Court determine these contentions are without merit and affirm. |
This is the third appeal arising from the decision of California State University at San Marcos (CSU) to terminate Assistant Professor Barbara S. Chapman for unprofessional conduct and failure or refusal to perform the normal and reasonable duties of her position because she did not teach her assigned course on seven days between August and September 2000. (Ed. Code, S 89535 subds. (b) and (f).) Chapman appealed to the State Personnel Board (SPB). The administrative law judge (ALJ) issued a proposed decision that sustained CSU's termination of Chapman. The SPB subsequently adopted the ALJ's decision. Chapman filed a petition for writ of ordinary mandate and administrative mandate seeking to set aside the SPB decision and restore her employment with CSU. The trial court issued a judgment denying the petition. (Code of Civ. Proc., SS 1085 and 1094.5.)
Chapman advances several reasons for her contention that the SPB erred in sustaining CSU's termination of her employment. All of Chapman's contentions are barred by res judicata or unsupported by the evidence. Court affirm. |
Marco M. and Josefina M. appeal judgments terminating their parental rights to their children Katherine M. and R.M. Josefina also appeals an order denying her petition under Welfare and Institutions Code section 388. Josefina asserts the court abused its discretion by denying her section 388 petition because the evidence showed she had completed reunification services in Tijuana, Mexico, and was able to care for the children. Marco contends the court erred in terminating parental rights because the evidence showed he and the children had beneficial parent child relationships and the court should have ordered a permanent plan of legal guardianship or long term foster care. Josefina joins Marco's argument. Marco joins Josefina's argument the court erred in terminating her parental rights. Court affirm the judgments and order.
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Julian P. appeals the orders of the juvenile court made at a six month dependency review hearing involving his minor children Jennifer P. and Anthony P. (together the minors). Julian challenges the sufficiency of the evidence to support the court's findings he was offered reasonable reunification services. Court affirm the orders.
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Defendant was convicted of six counts of second degree robbery and one count of attempted robbery arising out of a series of similar crimes that took place between March 6 and 16, 2005.
Defendant has appealed his convictions and this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. State of California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493], setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting this court undertake a review of the entire record. Court offered defendant an opportunity to file a personal supplemental brief and he has provided one in the form of a personal letter. Court begin independent review with a brief description of the underlying facts and procedural history. The judgment is affirmed. |
Defendant appeals from a jury conviction for first degree murder. (Pen. Code, S 187, subd. (a).) As a result of the conviction, defendant is serving an indeterminate term of 26 years to life. He argues his conviction should be reversed because the trial court erroneously admitted prior acts evidence which prejudiced his defense.
The judgment is affirmed. |
On March 16, 2006, in case No. SWF015717, the District Attorney of Riverside County filed a felony complaint which alleged in Counts 1 and 2 violations on separate dates of Penal Codesection 211, robbery by means of force and fear while acting in concert (S 213, subd. (a)(1)(A)) and count 3, burglary of an inhabited dwelling (S 459). The District Attorney also filed special allegations pursuant to SS 667.5, subdivision (c)(21), 12022.5, subdivision (a), 1192.7, subdivision (c)(8) and 12022, subdivision (a)(1).
Thereafter, on April 18, 2006, pursuant to SS 859a and 1192.7, defendant, represented by counsel, pled guilty to all counts charged and admitted the special allegations charged pursuant to S 12022.53, subdivision (b) and 1192.7, subdivision (c)(8). In accordance with the negotiated disposition, defendant was committed to state prison for 15 years less custody credits and the remaining special allegations were stricken on motion of the district attorney and in the interests of justice. (S 1385.) |
On December 22, 2005, the district attorney filed a complaint charging Dillard with one count each of possession for sale of cocaine base (count 1/Health and Saf. Code, S 11351.5), resisting an executive officer (count 2/Pen. Code, S 69), and misdemeanor destroying evidence (count 3/Pen. Code, S 135). Counts 1 and 2 contained a serious felony enhancement (Pen. Code, S 667, subd. (a)), two prior prison term enhancements (Pen. Code, S 667.5, subd. (b)), a gang enhancement (Pen. Code, S 186.22, subd. (b)(1)), and allegations that Dillard had a prior conviction within the meaning of the three strikes law (Pen. Code, S 667, subds. (b) (i)). Count 1 also alleged a prior conviction enhancement (Health and Saf. Code S 11370.2).
Following independent review of the record court find that no reasonably arguable factual or legal issues exist. |
Initially, by criminal complaint filed February 28, 2006, appellant Angel Mendoza was charged with robbery (Pen. Code, S 211) and it was alleged that he had suffered a prior conviction that qualified as a "strike" and as a prior serious felony conviction (S 667, subd. (a)). Also on February 28, appellant entered a plea of not guilty and denied the strike allegation. On March 10, pursuant to a plea agreement, appellant withdrew his not guilty plea and the denials of the strike and prior serious felony conviction allegations; pled guilty to committing petty theft after having suffered a conviction of a theft-related offense (S 666); and admitted the strike allegation. Also on March 10, the court, pursuant to the plea agreement, imposed a prison term of six years, consisting of the upper term of three years, doubled pursuant to the three strikes law (SS 667, subd. (e)(1); 1170.12, subd. (c)(1)). One of the other terms of the plea agreement was that the court would recall that sentence and impose a prison term of 32 months if appellant appeared in court on March 15. The court ordered appellant to appear on that date for surrender.Following independent review of the record, court have concluded that no reasonably arguable legal or factual issues exist.
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