- Criminal, sexual assault: Riverside Superior Judge Charles Koosed’s sentence affirmed in part, reversed in part, in case People v. Mitchell (RIF1605412/E076032)
- Cameron Mitchell was sentenced to 145 years to life after a jury convicted him of multiple counts of sexual acts with two of his preteen foster siblings and one of their friends May 7, 2019. Mitchell’s appeal argues he should receive a parole hearing after 25 years, due to a California law that mandates parole hearings for offenders younger than 25. The majority opinion from the Court of Appeal agreed. Fourth District Court of Appeal, Division Two, Justice Frank Menetrez dissented, saying that the sentence should not be reversed due to the nature of Mitchell’s offense as a “One Strike” offender.
- Criminal, pedophilia: Riverside Superior Judge Charles Koosed’s sentencing affirmed in part, vacated in part in case People v. Guzman (BAF2000929/D079867)
- Leonides Guzman sent inappropriate photos to, and arranged sex with, a 13-year-old girl who really was Liam Doyle of the Riverside DA’s Office. Guzman was sentenced to four years in prison, and convicted of four felony pedophilic charges. He appealed, arguing that the court abused its discretion by admitting evidence that he had previously engaged in similar sexual offenses with other girls. The Court of Appeal rejected that argument. He also argued that he should be resentenced due to newly signed AB 124, which directs courts to consider whether a defendant’s childhood trauma contributed to their crime when determining sentencing. The Court of Appeal agreed, vacated Guzman’s sentence, and directed the trial court to resentence Guzman. It is possible he will be resentenced for the same time of three years.
- Affirmed: San Bernardino Superior Judge Gregory Tavill’s denial of testimony affirmed in case People v. Fuller (FSB18424/E078952)
- Bruce Fuller was sentenced to 20 years to life after invading geriatric paraplegic Donald Beck’s home and using his sister, Eleanor Aleksich, to rob $40,000 of merchandise from Beck’s San Bernardino jewelry store, Beck’s Jewelers, in 1998. Fuller called for a hearing in 2021 to reconsider his sentencing. The court denied his motion to present live testimony after finding they could not resentence him. He appealed. The Court of Appeal found that the court acted appropriately.
- Criminal, domestic violence: Riverside Superior Judge Jorge Hernandez’s supervision affirmed in case People v. Allen (INF1901962/D079633)
- Andrew Allen was convicted of beating and threatening his pregnant wife with a gun March 3, 2020. He appealed his conviction, claiming that the trial court abused its discretion by denying his motion for acquittal, that juror misconduct occurred because a juror spoke to his wife in the bathroom and that the court made a mistake when it denied his motion for a new trial due to his wife’s testimony. The Court of Appeal found that his arguments had no merit.
- Civil, consumer: San Bernardino Superior Judge Wilfred Schneider’s denial of a motion to compel arbitration affirmed in case Hill v. Quaid Harley-Davidson (CIVDS1826573/D080076)
- Loma Linda dealership Quaid Harley-Davidson is facing a class action suit in which a buyer claimed they overcharged in fees. The dealership’s motion to compel arbitration was denied, and they appealed that decision. The Court of Appeal concluded that Quaid forfeited two of its arguments by not tailoring them to the correct standard of review and by ignoring unfavorable evidence, and that its remaining arguments had no merit.
- Family, Indian Child Welfare Act: Riverside Superior Judge Susanne Cho’s removal of custody affirmed in part, reversed in part in case In Re Da.W. (INJ2100056/E078041)
- A mother argued that the court removed her children from her without first investigating their Native American history, as required by federal law, in order to give tribes the right to claim the children as their own wards. The Court of Appeal agreed that the county did not properly investigate their ancestry, and directed them to do so.
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