P. v. Malveaux
P. v. Malveaux
02:02:2014
Mother appeals from a judgment terminating her parental rights to three children, R.M., A.G., and G.D. (Welf. & Inst. Code,[1] § 366.26.) The children became dependents due to physical abuse of two of the children, and domestic violence in the home. After an incident between mother’s oldest child, S.R.,[2] and G.D., Sr., the father of G.D., Jr., G.D., Sr. was required to move out of the family home. Mother eventually was allowed unsupervised visits with the children providing G.D., Sr. was not present in the residence, but the Department of Public Social Services (DPSS) learned that mother had allowed G.D., Sr. back into the home when the children were present. At the 12-month review hearing, mother’s services were terminated and a section 366.26 hearing was set. Prior to the section 366.26 hearing, mother filed a petition for modification (§ 388) which was denied. The court terminated parental rights and mother appealed.
On appeal, mother argues that the court erred (1) in denying her section 388 petition, and (2) in terminating her parental rights. We affirm.
02:02:2014
Mother appeals from a judgment terminating her parental rights to three children, R.M., A.G., and G.D. (Welf. & Inst. Code,[1] § 366.26.) The children became dependents due to physical abuse of two of the children, and domestic violence in the home. After an incident between mother’s oldest child, S.R.,[2] and G.D., Sr., the father of G.D., Jr., G.D., Sr. was required to move out of the family home. Mother eventually was allowed unsupervised visits with the children providing G.D., Sr. was not present in the residence, but the Department of Public Social Services (DPSS) learned that mother had allowed G.D., Sr. back into the home when the children were present. At the 12-month review hearing, mother’s services were terminated and a section 366.26 hearing was set. Prior to the section 366.26 hearing, mother filed a petition for modification (§ 388) which was denied. The court terminated parental rights and mother appealed.
On appeal, mother argues that the court erred (1) in denying her section 388 petition, and (2) in terminating her parental rights. We affirm.
| Description | On May 29, 2012, an amended felony complaint charged defendant and appellant Christopher Eric Malveaux with two counts of felony robbery (Pen. Code, § 211, counts 1 & 2), and one misdemeanor count of being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a), count 3). The complaint also alleged that defendant personally used a firearm in the commission of counts 1 and 2. (Pen. Code, § 12022.53, subd. (b).) On September 18, 2012, defendant pleaded guilty to count 1 and admitted the personal gun use enhancement. In exchange, the parties agreed to a prison term of 12 years in state prison and the dismissal of the other charges and allegations. On September 28, 2012, the trial court sentenced defendant to 12 years in state prison, comprised of the low term of two years for the robbery conviction and a consecutive 10-year term for the gun enhancement. The court dismissed the other allegations and charges, and awarded defendant 151 days of actual credits and 22 days of conduct credits. On November 16, 2012, defendant filed a timely notice of appeal from his sentence or other matters after the plea. |
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