California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Gumienny CA4/1
Oct 26, 2022
In 2009, the People charged Gumienny with one count of oral copulation or sexual penetration with a child 10 years old or younger (§ 288.7, subd. (b)) and 10 counts of lewd or lascivious acts upon a child under age 14 (§ 288, subd. (a).) He pled guilty to one count of sexual pene…
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In re K.B. CA3
Oct 26, 2022
Minor was born in 2006 during the marriage of mother and father, J.B. (father). The parents divorced when minor was approximately seven years old. Father was granted sole legal and physical custody over minor in family law court based on allegations that mother physically and emo…
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Trebas v. Ahlin CA3
Oct 26, 2022
Plaintiff was involuntarily committed and confined at Atascadero State Hospital and Coalinga State Hospital from August 28, 2004, through March 17, 2017. According to plaintiff, as of October 2005 or thereabouts, his diagnosed schizoaffective disorder, the legal basis for his con…
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P. v. Rabbitt CA3
Oct 26, 2022
In case No. CRF-20-752 (752), during a traffic stop of defendant, a Yuba County police officer conducted an inventory search and found over 37 grams of individually bagged methamphetamine and scales. Defendant pleaded guilty to possession for sale of methamphetamine (Health & Saf…
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P. v. Findlay CA3
Oct 26, 2022
At defendant’s jury trial, his roommate, C.T., testified that on the night of January 18 and the morning of January 19, 2021, defendant consumed 8 to 12 cans of beer and played his music so loud C.T. felt it could damage his ears through the walls. Over several hours, defendant p…
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P. v. Ruiz CA3
Oct 26, 2022
On May 18, 2020, defendant arrived at the home of his spouse, Jenifer G. (See Cal. Rules of Court, rule 8.90(b)(4) [to protect personal privacy interests, courts may omit the last names of victims in criminal proceedings].) Although married, defendant and Jenifer lived in separat…
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P. v. Phan CA3
Oct 26, 2022
The relevant facts here are taken from our unpublished opinion in defendant’s previous appeal, People v. Phan (June 5, 2020, C086120) [nonpub. opn.]. We granted defendant’s motion to incorporate by reference the record on appeal in Phan. Defendant brought a gun with him to a gath…
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P. v. Rodriguez CA3
Oct 26, 2022
Deanna N. met defendant at church in 2011. She was 17 years old; he was 19. They became friends and spent time together hanging out, playing basketball, and going out to eat. They began dating during Deanna’s senior year in high school. It was fun and adventurous. Defendant took …
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P. ex rel. State Dept. of State Hospitals v. S.F.
Oct 26, 2022
S.F. was committed to Atascadero State Hospital in June 2020 as an offender with a mental health disorder (OMHD). (See Pen. Code, § 2962 et seq.) In January 2021, the Department of State Hospitals petitioned the trial court to order S.F. to undergo involuntary treatment with anti…
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In re Madelyn F. CA2/2
Oct 26, 2022
Madelyn and Cruz’s presumed father is C.B. (Madelyn and Cruz’s father). Marley’s alleged father is William L. (Marley’s father). The twins’ alleged father is Manuel A. (the twins’ father). M.F.’s presumed father is Anthony T. (M.F.’s father). None of the fathers is a party to thi…
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P. v. Pacheco CA2/5
Oct 26, 2022
On October 30, 2015, around 3:00 p.m., defendant shot Juan Ortiz multiple times near an elementary school. Ortiz and his fiancée, accompanied by their 5-year-old daughter, were walking toward the school, to meet their son’s school bus and walk him home. Defendant, a member of the…
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In re E.S. CA2/3
Oct 26, 2022
At the outset of these proceedings, mother had sole legal and physical custody of her three children: Emma (age 14), Lucy (age 8), and Donna (age 6). The Department filed a petition under section 300, subdivisions (a) and (b), regarding the children in May 2020. The Department’s …
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In re Gary S. CA2/4
Oct 26, 2022
Gary S. appeals from order denying a motion to suppress evidence and declaring appellant a ward of the court pursuant to Welfare and Institutions Code section 602 upon a finding that he committed misdemeanor possession of a firearm by a minor (Pen. Code, § 29610). He was placed o…
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In re H.S. CA2/4
Oct 26, 2022
On August 14, 2019, DCFS filed a dependency petition on behalf of H.S. under section 300, subdivision (b)(1). A first amended petition was then filed on December 3, 2019, and on February 5, 2020, the petition was sustained as amended by interlineation. Attached to the original pe…
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P. v. Potts CA2/2
Oct 26, 2022
In 2017, a jury convicted defendant of one count of injuring a girlfriend (§ 273.5, subd. (f)(2)) and six counts of attempting to dissuade a witness (§ 136.1, subd. (a)(2)). The trial court also found true that defendant had suffered two prior “strike” convictions (§§ 667, subds.…
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In re G.S. CA2/4
Oct 26, 2022
Appellant Marisa M. appeals from the juvenile court’s order terminating her parental rights to her daughter G.S. (born in June 2020). G.S.’s alleged father, Harold S. (Alleged Father), is not a party to this appeal; his whereabouts and contact information remained unknown through…
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In re Janessa A. CA2/4
Oct 26, 2022
After Janessa was born in February 2021, the Los Angeles Department of Children and Family Services (DCFS) filed a 14-count petition on behalf of the child under Welfare and Institutions Code section 300. In the petition, DCFS alleged that Janessa was at risk of suffering serious…
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P. v. Harris CA2/5
Oct 26, 2022
In February 2018, defendant broke into the victim’s apartment around 3:00 a.m. Defendant threatened the victim with a knife from her kitchen. After she gave him the cash she had in a nightstand, defendant held a knife to her neck and sexually assaulted her. He massaged her breast…
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P. v. Nolkemper CA2/5
Oct 26, 2022
The building the Church leased to hold religious services like bible study classes also houses a small bookstore. The Church was generally open to the public from 9:00 a.m. until 5:00 p.m. during the week, but it was closed on Mondays. On Thursday, April 10, 1997, police officers…
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P. v. Tubridy CA1/1
Oct 26, 2022
The People appeal from a trial court order terminating the probation of defendant Robert John Tubridy. Tubridy agreed to a seven-year probation term as part of a plea agreement, but the Legislature subsequently enacted Assembly Bill No. 1950 (2019–2020 Reg. Sess.) (AB 1950), whic…