CA Unpub Decisions

Mother, Kellie L., appeals from an order of the juvenile court terminating dependency jurisdiction and entering a family law order awarding primary custody to father, with monitored visits for mother. Mother challenges the sufficiency of the evidence to support the order. She also contends the juvenile court impermissibly delegated visitation authority to father, and abused its discretion by limiting her visits to monitored visits. Court reject mothers contentions, and affirm the order.

California Department of Mental Health (DMH) appeals from an order denying its petition for administrative mandamus in an employee disciplinary matter. (Code Civ. Proc., 1094.5.) DMH dismissed Joseph M. Martinez, a peace officer at Atascadero State Hospital (ASH), for sleeping on duty and being dishonest in not admitting it. The California State Personnel Board (Board), in a three-two decision, reduced the penalty to a six month suspension without pay. Finding no abuse of discretion, the trial court denied the writ petition. Court exercise restraint and, consistent with time-honored rules, affirm.

Nathan Lamar appeals from the judgment entered following his no contest plea to one count of selling cocaine base in violation of Health and Safety Code section 11352, subdivision (a).
On August 29, 2007 Lamar was arrested after a hand-to-hand sale of rock cocaine to an undercover police officer. Lamar was charged by amended information with one count of selling cocaine base. The information further alleged Lamar had suffered four prior serious or violent felony convictions within the meaning of the Three Strikes law (Pen. Code, 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and had served five separate prison terms for felonies within the meaning of Penal Code section 667.5, subdivision (b). The judgment is affirmed.

Boonmy Chum was sentenced to 35 years to life state prison after a jury convicted him of first degree residential burglary (Pen. Code, 459)[1]and he admitted two prior burglary convictions, alleged as prior strikes ( 1170.12, subds. (a) (d); 667, subds. (b)-(i)) and prior serious felony conviction enhancements ( 667, subd. (a)(1)). He was awarded 206 days actual custody and 26 days conduct credit for a total of 232 days presentence credit. The judgment, as modified, is affirmed.

William Mase was committed as a sexually violent predator (SVP) for a period of two years in 2000 and received two subsequent two year extensions, the latest of which expired in April 2006. Mases appeal is from his third two year extension, following a jury finding that he is an SVP within the meaning of Welfare and Institutions Code section 6600 et seq., the Sexually Violent Predators Act (SVPA). The judgment of recommitment is modified to provide that William Mase be committed, pursuant to Welfare and Institutions Code Section 6604, to the custody of the State Department of Mental Health for appropriate treatment and confinement in a secure facility for an indeterminate term. In all other respects the judgment is affirmed.

W.O., a minor, admitted committing second degree robbery and was committed to the Division of Juvenile Justice (DJJ) for five years six months, which is the maximum legal term that could have been imposed for the robbery and three prior sustained petitions.On appeal, the minor contends remand for recalculation of the confinement period is required because the juvenile court was unaware of its discretion to impose less than the maximum term. The People argue the record is to the contrary. Finding the minors argument more persuasive, Court shall remand for the required determination.

Pursuant to a negotiated settlement, defendant Jeffrey Scott Brewer pleaded guilty to misdemeanor identify theft (Pen. Code, 530.5, subd. (a))[1]and felony grand theft ( 487, subd. a)). Imposition of sentence was suspended and defendant was placed on formal probation for five years. Restitution fines of $200 were imposed in accordance with sections 1202.4, subdivision (b) and 1202.44; the latter was stayed pending successful completion of probation. Defendant was ordered to pay victim restitution of $51,800 plus a surcharge of $5,180 with all but $2,800 to be reduced by any amount paid by [the] codefendant. Defendant was ordered to serve one year in the county jail.

Meredith Eugene Butler entered a negotiated guilty plea to selling cocaine base (Health & Saf. Code, 11352, subd. (a)). The court suspended execution of a three-year lower term prison sentence, found he was addicted to narcotics, and instituted Welfare and Institutions Code section 3051 proceedings. The psychiatrist who evaluated Butler found he was not addicted to cocaine or in imminent danger of becoming addicted. The court adopted that finding and executed the prison sentence. Butler appeals. Court affirm.

On constitutional grounds, appellant Rory Robert Lawrence, Sr., challenges the courts order denying his Marsden[1]motion after an in camera hearing while civil mental competence proceedings were pending and the courts order authorizing the involuntary administration of antipsychotic medication. Court affirm the courts order denying his Marsden motion, will vacate the courts order authorizing the involuntary administration of antipsychotic medication, and will remand with directions.

K.R. was born in July of 1995. Her biological father, Nick C.,[1]was no longer living with K.R.'s mother, C.W., when K.R. was born. C.W. married J.W. after K.R. was born. J.W. filed a stepparent adoption request and a petition to determine the necessity of parental consent in September 2004. The court determined that Nick's consent was necessary before an adoption could proceed under Family Code section 8604. J.W. then filed a petition to declare K.R. free from Nick's parental custody and control, claiming that Nick had abandoned K.R. In June of 2007, the court found that J.W. had not proved by clear and convincing evidence that Nick intended to abandon K.R. and denied the petition to terminate Nick's parental rights.

On July 19, 2007, an information was filed charging appellant, Yrays Rodriguez Cruz, with feloniously obtaining personal identifying information from the victim to obtain credit, goods, or services (Pen. Code, 530.5, subd. (a), count one).[1] The information alleged two counts of grand theft ( 487, subd. (a), counts two & three), and seven counts of forgery ( 470, subd. (a), counts four through ten). The information also alleged Cruz had two prior prison term enhancements ( 667.5, subd. (b)) and three prior convictions disqualifying her from probation eligibility ( 1203, subd. (e)(4)).

Petitioner seeks an extraordinary writ (Cal. Rules of Court, rule 8.452) to vacate the orders of the juvenile court issued at a contested 18-month review hearing (Welf. & Inst. Code, 366.22) terminating reunification services and setting a section 366.26 hearing as to her daughter E. Court will deny the petition.

Robert Gunn appeals from a judgment in favor of Mariners Church, Inc., in his action for defamation, invasion of privacy, and intentional infliction of emotional distress after the trial court granted Mariners Churchs motion for summary judgment. Mariners Church terminated Gunn from his position as worship director upon discovering he was homosexual. Afterwards, the senior pastor announced to the congregation the church terminated Gunn from his pastoral position because he had admitted to acts the church considered to be a sin. Gunn concedes Mariners Churchs actions were religiously motivated and in furtherance of its established church policy regarding termination of ministerial leaders in the church. Nonetheless, he contends the ministerial exception does not apply to preclude court intervention in this dispute. Court disagree and affirm the judgment.

While driving under the influence of alcohol, Carlos Lenin Ramirez caused an automobile collision that killed his toddler grandson and injured six others including four children. A jury convicted Ramirez of one count of gross vehicular manslaughter while intoxicated (Pen. Code, 191.5, subd. (a)), one count of driving under the influence and causing bodily injury (Veh. Code, 23153, subd. (a)), one count of driving with a blood alcohol level of .08 or more and causing great bodily injury (Veh. Code, 23153, subd. (b)), and five counts of child abuse and endangerment (Pen. Code, 273a, subd. (a)). The jury found true enhancements for personal infliction of great bodily injury and personal infliction of great bodily injury of a child under five years of ages (Pen. Code, 12022.7, subds. (a) & (d)) as to all counts to which the enhancements were alleged but one. The trial court sentenced Ramirez to a term of nine years in prison. Ramirez challenges the conviction on one ground: He argues the trial court erred by permitting Lilia Vasquez, an emergency response social worker, to testify about a statement made to her by Ramirezs stepdaughter, Yvonne Almaraz, who was a passenger in the van. Ramirez contends the statement does not come within the prior inconsistent statement exception to the hearsay rule, Evidence Code section 1235, because Almarazs trial testimony was not inconsistent with her prior statement to Vasquez. Court disagree and affirm.