CA Unpub Decisions

Betty P. appeals an order of the juvenile court declaring her daughter, Angel Marie P., adoptable and terminating parental rights. (Welf. & Inst. Code, 366.26, subd. (c))(1).) Appellant contends, among other things, that the trial court erred in denying her section 388 petition to modify visitation and postpone the section 366.26 hearing. Court affirm.

Laura Tweedt was convicted by jury of possession of methamphetamine. The crime occurred on March 6, 2006. Defendant was granted probation under Proposition 36 on the condition, among others, that she submit to a drug treatment center at which the provider would bring defendant to court every month for a progress report. On June 20, 2007, defendant failed to appear and was ordered to appear the next day. On June 21, 2007, defendant admitted a probation violation and probation was reinstated. The judgment is affirmed.

R.C. (mother) appeals an order of the juvenile court terminating her parental rights with respect to Matthew R. Mother claims the juvenile court should have applied the beneficial relationship exception to termination of parental rights. (Welf. & Inst. Code 366.26, subd. (c)(1)(A).) Court affirm the order.

Defendant William Jacob Ladd entered a plea of no contest to first degree burglary. (Pen. Code, 459.) He was granted three years of formal probation and was ordered to serve 270 days in the county jail. Following a restitution hearing, defendant was ordered to pay $2,394.66 in restitution to the victim. Defendant appeals, claiming the trial court abused its discretion in setting the amount of restitution. Concluding there was a rational basis for the trial courts order, Court affirm.

A jury found defendant Prince Edward Swafford guilty of five counts of robbery (Pen. Code, 211) and found true allegations of two prior felony convictions. The trial court sentenced defendant to a term of 125 years to life plus 25 years.
On appeal, defendant contends the trial court abused its discretion by finding that he was not outside the spirit of the three strikes law, and his sentence constitutes cruel and unusual punishment under the state and federal Constitutions. Court reject the contentions and affirm.

Peter Lomax entered a negotiated guilty plea to one count of selling or furnishing cocaine (Health & Saf. Code, 11352, subd. (a)) and an admission that he had a prior serious/violent felony or "strike" conviction (Pen. Code, 667, subds. (b)-(i)). The trial court sentenced Lomax to six years in prison, the lower term of three years for the cocaine count, doubled under the Three Strikes Law. The judgment is affirmed.

Sammy U. and R.K. appeal orders terminating their parental rights to their four children, and Sammy appeals an order denying his Welfare and Institutions Code section 388 petition. (All statutory references are to the Welfare and Institutions Code unless otherwise specified.) Sammy contends the court erred by denying his section 388 petition in which he requested reunification services. He also asserts substantial evidence does not support the juvenile court's finding the children were adoptable or the finding that the sibling exception to adoption of section 366.26, subdivision (c)(1)(E) did not apply. Sammy and R.K. contend substantial evidence does not support the finding the beneficial parent-child relationship exception of section 366.26, subdivision (c)(1)(A) did not apply. (Effective Jan. 1, 2008, the Legislature amended and renumbered section 366.26, subd. (c)(1). (Stats. 2006, ch. 838, 52).) Court refer to the earlier version of the statute.) Court affirm the orders.

Real Party in Interest, Corporation for Better Housing (Better Housing), appeals from the granting of a petition for writ of mandate in favor of Citizens for Responsible and Open Government (Citizens) under the California Environmental Quality Act (CEQA) (Pub. Res. Code, 21000 et seq.)[1] In its petition, Citizens requested the trial court to overturn the decision of the Grand Terrace City Council approving Better Housings project (Project) with a mitigated negative declaration and requiring Better Housing to prepare an Environmental Impact Report (EIR). The Project, located on Grand Terrace Road, consists of a 120 unit senior housing facility; a one story, approximately 6,500 square foot community senior center; and a four acre public park. Better Housing contends Citizens failed to present substantial evidence of a fair argument that the Projects increase in population density, building height, and noise from air conditioners would present significant environmental impacts. Better Housing complains that the mitigation measures were not taken into account in evaluating the Project. Court reject Better Housings contentions and affirm the judgment.

In the course of a heated argument on July 1, 2006, defendant Aaron Simpkins (defendant) slapped, punched, and kicked his live-in girlfriend April Smith. He also slapped and threatened her cousin, Augest Caldwell. When Smith and Caldwell got into Caldwells car to leave, defendant broke the car window, opened the door, and pulled Smith out of the car by her leg. With a knife in his hand, defendant told Smith that if she ever tried to leave him he would fill her full of slugs and that if he was arrested he would send somebody to her mothers house in Apple Valley and fill her family full of slugs. The victim believed that this was a real possibility and feared for her life and for her family. She and Caldwell reported the incident to the San Bernardino County Sheriffs Department. At the time of the report, Caldwell told the sheriffs deputy that when she went to pick Smith up, she noticed marks on her cousins face and saw that she had been crying. As defendant was slapping her, Caldwell said, he yelled and cursed at her and told her that he would do more than just slap you. Defendants actions made Caldwell very afraid. About a week after the incident, Tammy Moya, who said she had witnessed it, told the investigating officer that she saw Smith and Caldwell yelling at defendant but did not see him put a hand on either woman; she did not see a knife; and she did not see a broken car window.
The judgment is affirmed.

The Riverside County District Attorney filed an information, in case No. RIF124637, charging defendant and appellant Lorenzo Jose Estrada with possession for sale of a controlled substance, methamphetamine, under Health and Safety Code section 11378. The information also alleged defendant had (1) three drug-related convictions under Health and Safety Code section 11370.2, subdivision (a); (2) five prior prison convictions under Penal Code section 667.5, subdivision (b); and (3) one prior strike conviction under sections 667, subdivisions (c) and (e)(1), and 1170.12, subdivision (c)(1). The information further alleged that defendant committed the current offense while out on bail for a previous offense under Penal Code section 12022.1. The judgment is affirmed.

Defendant repeatedly assaulted a gas station attendant with his fists after spewing profanities at her. The victim suffered facial cuts and chipped and loosened teeth. Following the preliminary hearing, defendant was charged by information with assault likely to cause great bodily injury (Pen. Code, 245, subd. (a)(1)), with an enhancement allegation of great bodily injury ( 12022.7). The information also alleged that defendant had suffered two prior strike convictions ( 667, subds. (b)-(i)) and three prior prison terms ( 667.5, subd. (b)). The information was later amended to add a second count of battery with serious bodily injury ( 243, subd. (d)). The judgment is affirmed.

Maria Olga Ramirez (Maria) appeals from an order granting relief from default, as well as from a stipulated judgment, made in favor of her former spouse, Israel Alejandro Ramirez (Israel). Maria argues that (1) the trial court erred in vacating the judgment; and (2) the court lacked authority to set aside Israels default. Court find no error and affirm.

A modification decision.

On July 13, 2005, defendant severely beat the seven-year-old daughter of his girlfriend, using an extension cord and a plastic brush. The victim was left with liver trauma and permanent and severe scarring, and her hands were so swollen after the beating that she could not extend her fingers. The examining doctor opined that the injuries were serious and could have caused death. The injuries, including healed injuries from previous beatings, extended head to toe, front and back on the childs body, according to the sheriffs deputy who testified at defendants preliminary hearing. On July 22, 2005, defendant was charged in an amended felony complaint with child abuse (Pen. Code, 273a, subd. (a)) and torture. ( 206.) As to the child abuse count, the complaint alleged defendant personally inflicted great bodily injury. ( 12022.7, subd. (a).) The judgment is affirmed.