CA Unpub Decisions
California Unpublished Decisions
Defendant appeals from a judgment of conviction in attempting to elude a pursuing peace officer while driving with "willful or wanton disregard for the safety of persons or property." and a misdemeanor by knowingly driving with a suspended license. Defendant contends the trial court abused its discretion during sentencing when it denied his request for a grant of probation. Court find no abuse of discretion. Judgment Affirmed.
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The Defendant on appeal, he contends that he had inadequate notice of the amount of restitution sought for the victim’s wage loss, he was deprived of a fair opportunity to demonstrate the victim's employment terminated for reasons unrelated to the criminal assault, and that amounts paid to the victim by the restitution fund for wage loss were not adequately documented. Judgment Affirmed.
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Following denial of defendant's motion to suppress evidence, appellant admitted an allegation that he possessed a pellet gun on school grounds. Defendant renews his challenge to the search of his backpack by school authorities in this appeal. The court concludes that the search of defendant and his backpack was based upon reasonable grounds. Judgment Affirmed.
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The juvenile court denied plaintiff’s motion for a protective order, finding that good cause had been shown under section 2017.220 to qustion Plaintiff's sexual past. Plaintiff filed a petition for writ of mandate. Court granted the temporary stay of the IME, requested informal briefing, and issued a Palma notice. Court grants the petition for writ of mandate only insofar as it concerns School’s failure to establish good cause under section 2017.220 for inquiries into plaintiff’s sexual history with others.
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Petitioner seeks writ review of orders issued at the six-month review hearing, where the court terminated family reunification services and set a .26 hearing as to one-year-old. Mother contends the evidence does not support the court's findings regarding her lack of substantive progress in her service plan and the improbability of minor's safe return within the statutory period. Appellant further contends the court substituted its own subjective standards as justifying its orders, rather than following the legislative mandate established by the relevant statutes. Petition Denied.
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Appellant filed a claim with the Workers' Compensation Appeals Board (WCAB) for injury to her back while working as a custodian for the respondent appellant filed a Declaration of Readiness to Proceed stating the parties were unable to reach an agreement and that discovery had been completed. The School District objected, referring to a discovery dispute and requesting a new Qualified Medical Examination (QME) with an orthopedic surgeon or occupational medicine specialist because the evaluating chiropractor did not consider potential apportionment to a prior injury. Petition for "Writ of Review" denied.
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The Fresno County Juvenile Court committed 15-year-old appellant to a local boot camp facility after appellant admitted committing an assault with a deadly weapon. Appellant contends the juvenile court abused its discretion by placing him at the boot camp instead of a less restrictive alternative. Court affirms the disposition.
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Minor appellant contends the juvenile court abused its discretion by committing him to the California Youth Authority for an eight-year six-month maximum period of confinement after he admitted attempting a carjacking and violating probation. Court affirms the disposition.
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Appeal from a judgment of the juvenile court terminating parental rights to a minor under Welfare and Institutions Code section 366.26. contends the court erred by: (1) denying his section 388 petition for modification seeking to have the minor returned to his custody, or alternatively, for further reunification services; and (2) finding the beneficial parent-child relationship exception of section 366.26, subdivision (c)(1)(A) did not apply to preclude terminating his parental rights. Judgment Affirmed.
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Defendant entered a no contest plea to driving under the influence of alcohol, a misdemeanor, and admitted an enhancement for excessive blood alcohol and a prior driving under the influence conviction within seven years. The court granted summary probation for a term of four years. Judgment affirmed in all cases except one which requires a corrected abstract of judgment.
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Last listing added: 06:28:2023
Regular: 77268
Last listing added: 06:28:2023