CA Unpub Decisions

Rahin Lane Mitchell entered a negotiated guilty plea to assault with a firearm on a peace officer with personal and intentional discharge of a firearm (Pen. Code, 245, subd. (d)(1), 12022.53, subd. (c)),[1] making a criminal threat ( 422), and robbery with personal use of a firearm ( 211, 12022.53, subd. (b)). The court sentenced Mitchell to 33 years in prison: the eight-year upper term for assault with a firearm on a peace officer and 20 years for the enhancement; eight months (one-third the middle term) for making a criminal threat; and one year (one-third the middle term) for robbery and three years four months (one third the 10 year term) for the enhancement. Mitchell appeals. Court affirm.

Noe Gordillo entered a negotiated guilty plea to first degree burglary (Pen. Code, 459/460)[1] and admitted he personally used a firearm in committing the offense ( 12022.5, subd. (a)) and that another person, other than an accomplice, was present in the residence at the time of the burglary ( 667.5, subd. (c)(21)). Under the plea agreement, the prosecution agreed to dismiss one count of assault with a firearm, two counts of making a criminal threat, one count of possessing a firearm while being prohibited from doing so because of a past conviction, and one count of possessing a firearm while being prohibited from doing so because of his probation status. The plea bargain called for a sentencing lid of eight years in prison.

Brian T. appeals jurisdictional and dispositional orders concerning his son, Brian G. (the minor). He contends substantial evidence does not support the court's findings and orders. Court affirm.

Suzanne Gardner appeals from a judgment of dismissal after the sustaining of a demurrer to her third amended complaint against defendant Orange County Superior Court (Superior Court) alleging a claim under the Federal Civil Rights Act, 42 United States Code section 1983 (section 1983).[2] We conclude that because Superior Court is an arm of the state, sovereign immunity bars a section 1983 claim against it. Court therefore affirm the judgment.

.G. appeals the findings and orders entered at a permanency plan selection and implementation hearing held pursuant to Welfare and Institutions Code section 366.26. Citing In re Sade C. (1996) 13 Cal.4th 952, she asks this court to exercise its discretion to review the record for error.

Victor L. appeals the findings and orders entered at a termination of parental rights hearing held pursuant to Welfare and Institutions Code section 366.26. Citing In re Sade C. (1996) 13 Cal.4th 952, he asks this court to exercise its discretion to review the record for error. The appeal is dismissed.

A modification decision.

In early 2003, plaintiffs and appellants Mitchell S. Wagner and Renee D. Wagner (the Wagners) and defendants and respondents Lon Bike and Sandra Bike (the Bikes) owned adjoining five-acre parcels of real property in the unincorporated community of La Cresta in Riverside County. The Wagner property was improved with a single-family residence which the Wagners purchased and moved into in 1997. The Bike property was unimproved. Around February 2003, the Bikes moved a 260-square-foot fifth wheel, a construction trailer, and four corrugated metal walk-in storage containers onto their property, and began using the fifth wheel as their principal residence.

On June 24, 2008, the Riverside County District Attorney filed an information charging defendant and appellant Aaron Maurice Stewart with (1) vehicle theft, in violation of Vehicle Code section 10851, subdivision (a) (count 1); (2) buying or receiving stolen property, in violation of Penal Code section 496d, subdivision (a) (count 2); and (3) possession of drug paraphernalia, in violation of Health and Safety Code section 11364 (count 3). The information also alleged defendant suffered a prior strike and two prison priors within the meaning of Penal Code sections 667.5, subdivision (b), 667, subdivision (e)(1), and 1170.12, subdivision (c)(1).
On September 17, 2008, defendant pled guilty to count 3, possession of drug paraphernalia. The following day, a jury trial commenced on counts 1 and 2. On September 22, 2008, a jury found defendant guilty of receiving stolen property (count 2), and not guilty of vehicle theft (count 1). On September 24, 2008, the trial court found defendants prior allegations true. On November 7, 2008, the trial court sentenced defendant to an aggregate term of six years in prison: two years in prison for count 2, doubled per his strike prior, plus one year for each of the two prison priors. On appeal, defendant contends that his conviction for receiving stolen property (count 2) must be reversed because it is not supported by substantial evidence. For the reasons set forth below, Court shall affirm the judgment.

On August 19, 2008, the District Attorney of San Bernardino County charged defendant and appellant Victor Savchenko, Sr., with attempted criminal threats under Penal Code[1]sections 664 and 422 (count 1), and residential burglary under section 459 (count 2). The third amended information also alleged, as to count 2, that defendant personally used a knife under section 12022, subdivision (b)(1), and a hatchet under section 12022, subdivision (b)(1). Defendant pled not guilty and denied the allegations. Following a jury trial, defendant was found guilty of both charges, and the two deadly weapon use allegations were found true.

Appellant A.C. (father) is the father of A.C. (the child). The child was a dependent of the juvenile court until the court terminated the dependency and granted the childs mother (mother)[1]sole legal and physical custody of the child. On appeal, father contends the court abused its discretion in granting mother sole custody. Court affirm.

Appellant C.O. (mother) is the mother of L.O. (child). Mother appeals from the juvenile court decisions: 1) denying mothers petition to change its previous orders under Welfare and Institutions Code section 388;[1]and 2) terminating her parental rights to L.O. As discussed below, we conditionally reverse the juvenile courts orders to allow the Riverside County Department of Public Social Services (Department) to comply with the Indian Child Welfare Act of 1978 (ICWA; 25 U.S.C. 1901 et seq.), but in all other respects affirm the orders.

Defendant appeals her conviction by plea of one count of felony child abuse in violation of Penal Code section 273a, subdivision (a). Finding no error after conducting an independent review of the entire record, Court affirm the judgment.

M.O., the daughter of T.O., Sr., (father), was placed with a foster family when she was diagnosed with a life-threatening medical condition that neither father nor mother, T.C., could deal with at the time. The first time we considered this case, we concluded that the Stanislaus County Community Services Agency (the agency) had not provided mother with reasonable reunification services and reversed the order terminating reunification services issued after the first 12 month review hearing.