- Criminal: San Bernardino Superior Judge Debra Harris’s denial of resentencing affirmed in case People v. Wildman (FVI1301535-3/D078745)
- Valerie Wildman was convicted by trial of first degree murder, attempted robbery and robbery, after going on a robbery spree after her husband’s 21st birthday party with her husband, mother-in-law and cousin-in-law. Her husband, Ronell Bolden, fatally shot a man during one of the robberies. Wildman was sentenced to 26 years, with an additional 50 years to life. She petitioned to be resentenced under California Penal Code Section 1172.6. The court denied her petition, and she appealed. The Court of Appeal agreed that Wildman was still guilty of murder, despite the change to murder law under 1172.6.
- Criminal: Riverside Superior Judge Mark Johnson’s conviction affirmed in case People v. Martinez (RIF1103343/D079544)
- Jorge Martinez was convicted of first degree murder with a rock, and sentenced to 25 years to life. He was accused of murdering Sergio Corona, whose body was found in the bushes by a road in Perris. Martinez appealed his conviction, arguing his counsel was inadequate because they should have requested the jury be instructed that evidence of provocation may reduce a first degree murder conviction to second degree murder. The Court of Appeal found that his counsel was not inadequate. They also ordered a correction to the record, which incorrectly said he pleaded guilty, instead of being convicted by a jury.
- Criminal: San Bernardino Superior Judge Corey Lee’s denial of motion to withdraw a plea affirmed in case People v. King (DWV21002716/E079343)
- Leon King pleaded no contest to arson and burglary charges in 2021, and in return prosecutors dropped animal cruelty charges. He filed a motion to withdraw his plea, alleging his attorney did not communicate well with him and that he was pressured into taking the plea. Lee denied the petition, and King appealed that decision. Since King did not provide a certificate of probable cause, which is required to appeal a guilty plea, the Court of Appeal found no basis for his appeal.
- Juvenile prosecution: San Bernardino Superior Judge Tony Raphael’s transference of a defendant to adult court reversed with directions in case In re R.P. (J286632/E079736)
- A juvenile defendant was ordered to be tried in adult court. His staff appealed that decision. While the appeal was pending, AB 2361 reformed rules around juveniles tried in adult court. Prosecutors and the defendant’s counsel agreed to keep him in juvenile court, and the Court of Appeal accepted the agreement.
- Family: Riverside Superior Judge John Molloy’s termination of parental rights conditionally reversed in case People v. Zalloum (INF1701436/E078078)
- Parents appealed an order terminating their parental rights to their daughter. They argued that Riverside County failed to investigate their child’s Native American heritage as required by federal law prior to the order. The Indian Child Welfare Act mandates this investigation, so that tribes are given an option to adopt children with ancestral ties to the tribe instead of going straight into foster care. The Court of Appeal agreed that the county did not fully investigate the child’s ancestry.
- Family: Riverside Superior Judge Michael Rushton’s termination of parental rights reversed and remanded with directions in case In re D.K (SWJ2000221/E079145)
- Once again, the Court of Appeal found that Riverside County failed to fully investigate a child’s Native American heritage as required under the Indian Child Welfare Act.
- Criminal sentencing: Riverside Superior Judge Walter Kubelun’s denial of a petition for resentencing affirmed in case People v. Santana (RIF139207/D080845)
- Serafin Santana was convicted of attempted mayhem and assault with a firearm in 2009, and was sentenced to 29 years and four months to life. Santana filed a petition to change his sentence, arguing he should be resentenced under a California criminal sentencing reform, Penal Code Section 1172.6. The trial court denied his petition, and he appealed. The Court of Appeal found that his conviction does not fall under the reforms granted by 1172.6.
- Criminal: Riverside Superior Temporary Judge William Lebov’s denial of resentencing affirmed in case People v. Cooper (RIF135518/D080896)
- Meikel Cooper was found guilty in 2008 of second degree murder, attempted voluntary manslaughter and shooting into an inhabited building. He was sentenced to 42 years to life. Cooper filed a petition for resentencing under Penal Code Section 1172.6. The court denied his petition, and Cooper appealed. The Court of Appeal found that 1172.6 does not apply to Cooper, and affirmed his sentence. This is the second appeal Cooper brought from a rejected petition for resentencing under 1172.6.
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