- Criminal: San Bernardino Superior Judge Kyle Brodie’s denial of resentencing dismissed in People v. Frklic (FWV20002259/E080427)
- Destiny Frklic pleaded guilty to voluntary manslaughter on May 24, 2021. Prosecutors argued she went to a hotel, where an associate fatally shot someone. She petitioned to be resentenced under Penal Code Section 1172.6, which grants relief for people convicted under a specific murder theory. Since she had admitted to aiding and abetting the murder, the Court of Appeal dismissed her appeal.
- Criminal: Riverside Superior Judge Samuel Diaz’s denial of resentencing dismissed in People v. Bird (RIF150377/E079628)
- Renee Bird was found guilty of second degree murder related to a shooting in Moreno Valley and was sentenced to 15 years to life in 2011. She petitioned to be resentenced under Penal Code Section 1172.6, but her petition was denied. The Court of Appeal found that she abandoned her appeal by not filing a supplemental brief.
- Family: San Bernardino Superior Judge Steven Mapes’s termination of parental rights affirmed in In re E.R. (J284566, J284567/E080209)
- A mother appeals the termination of her parental rights following a finding that she had a history of substance abuse, mental health issues and domestic violence. The Court of Appeal found that she did not demonstrate any error in the court’s determination.
- Criminal: Riverside Superior Judge Matthew Perantoni’s conviction affirmed in People v. Pelico (RIF1901856/E078179)
- Tomas Pelico was convicted of sexual intercourse with his 9-year-old great-niece. He appealed his conviction, arguing that the trial court erred in its jury instructions. The Court of Appeal found that any error in jury instructions was harmless.
- Criminal: Riverside Superior Judge Judith Clark’s denial of resentencing reversed in People v. Torres (SWF024485/E079481)
- Jose Torres pleaded guilty to voluntary manslaughter in 2015, and received a 25-year sentence. He filed a petition for resentencing under Penal Code Section 1172.6. The petition was denied after the prosecutor claimed he shot the victim while acting alone. Torres argued that the prosecutor’s claim was unsupported and relied on the arrest warrant, and that there was no trial transcript to support his claim. Prosecutors agreed with Torres on appeal. The Court of Appeal ordered a new hearing to determine if Section 1172.6 applies to Torres.
- Criminal: San Bernardino Superior Judge Christopher Pallone’s denial of resentencing dismissed in People v. Major (FVI011354/E080178)
- Shane Major pleaded guilty to first degree murder in 2003, and was sentenced to 25 years to life. He filed a petition for resentencing in 2020 using Penal Code Section 1172.6, arguing he was not the actual killer. Major appealed. The Court of Appeal found no reason to investigate the case, and dismissed the appeal as abandoned.
- Criminal: San Bernardino Superior Judge Kory Mathewson’s imposition of restitution dismissed in People v. Hembree (FMB22000085/E080128)
- Annalaura Hembree appealed from an order that imposed restitution. She pleaded guilty to one count of first degree burglary and was sentenced to two years probation with 120 days in county jail and restitution for the stolen and damaged property. She appealed the restitution order, but did not file a supplemental brief, resulting in the appeal being dismissed as abandoned.
- Criminal: Riverside Superior Judge Emma Smith’s violation of parole affirmed in People v. Garibay (RIF2000539/E079648)
- Antonio Garibay pleaded guilty to arson in 2021. He was placed on probation, but later was found to have violated it, and was sentenced to three years in state prison. He appealed, but did not file a supplemental brief, and the Court of Appeal found no arguable issues.
- Family: San Bernardino Superior Judge Lynn Poncin’s termination of parental rights affirmed in In re v.H. (J290821/E079974)
- Parents appeal the termination of their parental rights after the court found the mother tested positive for methamphetamine and the father had been incarcerated. They claimed San Bernardino County did not investigate their children’s ancestry before termination as required by the Indian Child Welfare Act. The Court of Appeal found that the county properly investigated the child’s heritage.
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