California Court of Appeal unpublished opinions (not citable under CRC 8.1115).
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P. v. Dunsmore CA4/1
Oct 4, 2022
APPEAL from an order of the Superior Court of San Diego County, Garry G. Haehnle, Judge. Affirmed. Darryl Dunsmore, in pro. per.; and Dawn S. Mortazavi, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 2010, Dar…
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P. v. Sparrow CA4/1
Oct 4, 2022
During a heated exchange with a stranger in a parking lot, Sparrow pulled out a box cutter and threatened to kill the victim. Rejecting his claim of self-defense, a jury convicted him of assault with a deadly weapon (§ 245, subd. (a)(1), count 1) and making a criminal threat (§ 4…
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P. v. Sparrow CA4/1
Oct 4, 2022
During a heated exchange with a stranger in a parking lot, Sparrow pulled out a box cutter and threatened to kill the victim. Rejecting his claim of self-defense, a jury convicted him of assault with a deadly weapon (§ 245, subd. (a)(1), count 1) and making a criminal threat (§ 4…
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P. v. Sparrow CA4/1
Sep 30, 2022
During a heated exchange with a stranger in a parking lot, Sparrow pulled out a box cutter and threatened to kill the victim. Rejecting his claim of self-defense, a jury convicted him of assault with a deadly weapon (§ 245, subd. (a)(1), count 1) and making a criminal threat (§ 4…
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P. v. Romero CA4/1
Sep 30, 2022
FACTUAL AND PROCEDURAL BACKGROUND In April 2018, Solorio pled no contest to corporal injury upon a spouse after a prior conviction in violation of Penal Code section 237.5, subdivision (a). The court imposed a suspended sentence of four years in state prison and placed him on pro…
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P.M. v. S.S. CA4/1
Sep 30, 2022
S.S. met P.M. in mid-2002 in San Diego, a few months before S.S. was deployed overseas as a member of the U.S. Navy Medical Service Corps. The pair dated casually at that time. P.M., who is a citizen of India, moved back to India between 2006 and 2008 due to visa issues. After P.…
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Adoption of K.T. CA3
Sep 29, 2022
K. T.’s mother (mother) met appellant when she was 17 years old; they began dating. In 2013, mother learned she was pregnant with K. T. Mother was still living with her own parents and when they learned about the pregnancy, mother’s parents were “very upset” with her. Mother and …
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M.D. v. Superior Court CA3
Sep 29, 2022
On January 16, 2020, the Department filed a section 300 petition on behalf of (then) eight-year-old C.G. (born September 2011). The petition alleged, under section 300, subdivisions (a), (b)(1), and (c), that father’s domestic violence issues and use of aerosol inhalants placed t…
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P. v. Doulphus CA3
Sep 29, 2022
Defendant pled guilty to three counts of robbery, each with a section 12022.53, subdivision (c) enhancement for discharging a firearm, and to one count of voluntary manslaughter, and was sentenced to a 42-year four-month state prison term. There was no stipulated term as part of …
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P. v. Trejo CA3
Sep 29, 2022
A group of robbers, including defendants Tesfazghi and Trejo, attempted to rob the home of a family where marijuana was grown. During the attempt, one of the victims of the robbery shot and killed one of the robbers. At trial, numerous witnesses testified including several member…
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In re N.V. CA2/1
Sep 29, 2022
In July 2020, the mother, Rebecca V. (Mother), tested positive for amphetamines and marijuana when she gave birth to K.V. K.V. also tested positive for these substances. At that time, Father was incarcerated. N.V. was nine months old and in Mother’s care. DCFS took the children i…
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P. v. Hernandez CA2/4
Sep 29, 2022
In May 2021, appellant was charged with, inter alia, one count of dissuading a witness by force or threat (§ 136.1, subd. (c)(1)) (count two). In July 2021, appellant pled no contest to count two, pursuant to a plea deal under which he agreed to be placed on probation for three y…
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In re V.M. CA2/3
Sep 29, 2022
In January 2021, about a week after V.M. was born, DCFS filed a dependency petition alleging mother had a history of substance abuse, is a current abuser of substances, and tested positive for amphetamine on the day she gave birth to V.M. Also in January 2021, V.M. was detained f…
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P. v. Cabrera CA2/8
Sep 29, 2022
We grant defendant’s request for judicial notice of portions of the file pertaining to his 1995 conviction. In 1995, defendant was charged with one count of committing a lewd act upon a child under the age of 14 in violation of Penal Code section 288, subdivision (a). According t…
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Mateo G. CA2/4
Sep 29, 2022
Mother has an extensive dependency history for issues arising out of substance abuse and child neglect. Because the sole issue on appeal relates to ICWA compliance, we omit a summary of the facts leading to the court’s jurisdiction over her children, Mateo G. (born July 2017) and…
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In re Ar.P. CA2/1
Sep 29, 2022
The instant dependency proceedings began in 2018 when the juvenile court took jurisdiction over Ar.P. and his brother, Father’s now-adult son A.P., based on “Father’s history of volatile and aggressive conduct and because Father threatened to harm A.P. with a baseball bat.” The b…
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In re A.L. CA2/1
Sep 29, 2022
Mother Karla E. appeals from the juvenile court’s March 12, 2021, dispositional orders removing her three children, A.L., David S. Jr. (David), and D.S. from her custody, due, in part, to Mother’s substance abuse. Mother argues there was insufficient evidence to demonstrate a sub…
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P. v. Davis CA2/1
Sep 29, 2022
At around 9:00 p.m. on September 15, 1980, the victim, Barry Cohen, and his co-worker, David McDonald, left the automobile dealership at which they worked and drove in Cohen’s 1973 Firebird to a nearby gas station. McDonald was the passenger. Cohen spoke with the manager of the g…
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In re D.T. CA2/8
Sep 29, 2022
In September 2018, the mother and her boyfriend brought the boyfriend’s 19-month-old daughter to the ER with first degree burns on her legs and buttocks. The daughter had been in the mother’s care. The doctors who examined the child believed the injuries were inconsistent with th…
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P. v. Adams CA2/1
Sep 29, 2022
In 2015, a jury convicted Adams of one count of second degree murder (§§ 187, subd. (a), 189), and found true an allegation that he committed the offense for the benefit of, at the direction of, or in association with a criminal street gang. (§ 186.22, subd. (b)(4).) The jury fou…