- Criminal: Riverside Superior Judge John Molloy’s denial of resentencing dismissed in People v. Sims (RIF1205971/E080271)
Ricardo Sims was sentenced to 31 years after being convicted of second degree robbery with two prior convictions in 2013. He filed to be resentenced under the recent reforms of Senate Bills 483 and 136. The trial court denied his motion, and he appealed. He argued that he should have been appointed counsel and been given a resentencing hearing in his presence before the motion was denied. The Court of Appeal ruled that the trial court should hold the hearing on the motion. - Family: San Bernardino Superior Judge Lynn Poncin’s jurisdictional findings affirmed in In re K.v. (J292949/E079850)
A father appealed the removal of his child from his care following charges of abuse and neglect. The mother was reported to be unresponsive in her bedroom holding a methamphetamine pipe. The father denied knowing about hte mother’s meth use. The Court of Appeal affirmed the ruling. - Real estate: Riverside Superior Judge John Vineyard’s affirmed in Citrus El Dorado v. Stearns Bank (RIC1602653/E077496)
The developer Citrus El Dorado sued FNBN-Rescon I and Stearns Bank for wrongful disclosure. Citrus was developing a housing tract in La Quinta when the 2008 housing crash hit. Vineyard dismissed the case, and Citrus appealed. The Court of Appeal found no error. - Family: San Bernardino Superior Judge Annemarie Pace’s visitation order reversed and remanded with directions in In re J.A. (J295059/E080487)
A father appealed from the juvenile court’s order on his rights to visit his child who had been removed from his care. He argued the court improperly delegated authority to the county to decide whether visitation should occur. The Court of Appeal ruled that the court’s ruling was vague, and ordered it to make a new one. - Criminal: San Bernardino Superior Judge Steve Malone’s denial of resentencing affirmed in People v. Garcia (16CR027036/E080582)
In 2017, Jose Pedro Garcia pleaded no contest to second degree robbery with a gang enhancement and was sentenced to 12 years in state prison. He petitioned to be resentenced under Penal Code Section 1171. The section invalidated certain enhancements. Garcia did not file a supplemental brief, and the Court of Appeal found no issues with the court ruling. - Criminal: San Bernardino Superior Judge Bridgid McCann’s denial of resentencing dismissed in People v. Lopez (FWV08784/E080113)
Anthony Ray Lopez was convicted of attempted premeditated murder, false imprisonment and conspiracy to commit murder in 1996. He was sentenced to 51 years to life. He petitioned to be resentenced under Penal Code Section 1172.6, which invalidates murder convictions for people who were found guilty under a now-obsolete theory. He did not file a supplemental brief, and the Court of Appeal dismissed the appeal. - Family: Riverside Superior Judge Mona Nemat’s placement affirmed in In re J.J. (RIJ1900553/E080371)
A minor was placed with his grandmother. The minor had previously been living with his aunt and uncle, and wanted to continue living with them. The minor appealed, arguing judicial errors. The Court of Appeal found no error. - Family: San Bernardino Superior Judge Annemarie Pace’s termination of parental rights affirmed in In re Giovanni G. (J288561, J288562/E080858)
A man’s two sons were removed from his care after he was found to be using drugs and smacking his kids, and the mother’s boyfriend had fired shots outside the family’s house. The father appealed the removal, arguing that the termination of his care would harm the children. The Court of Appeal found that the court did not err. - Criminal: San Bernardino Superior Judge Gregory Tavill’s denial of resentencing affirmed in People v. Moore (FSB033089/E078602)
Daymon Moore was convicted of murder, burglary and robbery in 2004. He was accused of robbing and killing Keshia Bennett in Bennett’s apartment at San Bernardino’s 16th Street and Arrowhead Avenue with an unidentified accomplice. He was sentenced to 25 years to life for the murder. He petitioned to be resentenced under Penal Code Section 1172.6, which invalidates murder convictions for some people who did not directly kill the victim. Prosecutors argued that Moore was convicted after aiding a murder, rendering him outside relief. The trial court agreed, and Moore appealed. The Court of Appeal ruled that he definitely aided the murder, even if he did not commit it, and was ineligible for relief. - Criminal: Riverside Superior Judge Stephen Gallon’s conviction affirmed in People v. Alvarado (BAF1800198/E079224)
Enrique Alvarado was convicted of second degree murder and injury while drunk driving, and received 17 years to life. He petitioned to have an independent review of the record. The Court of Appeal found no issue. - Medical malpractice: Riverside Superior Judge L. Jackson Lucky IV’s conduct affirmed in Elizondo v. Riverside Community Hospital (RIC1610439/E075162)
Ayani Elizondo was born at Riverside Community Hospital with brain injuries that her mother. Janeka Elizondo, claimed were due to negligent treatment during delivery. A trial verdict went against the Elizondos. They appealed, arguing evidentiary error, instructional error and juror misconduct. The Court of Appeal found no error. - Family: San Bernardino Superior Judge Steven Mapes’s jurisdictional finding affirmed in In re J.D. (J292119 & J929120/E079776)
Two parents appeal the removal of their children from their care. The father had erratically been holding the children while talking about “getting the demons out.” He later tested positive for cocaine, and was ruled to be experiencing cocaine delirium. The Court of Appeal found the court’s decision to place tthe parents on a family maintenance plan did not abuse its discretion. - Criminal: Riverside Superior Judge Sean Crandell’s denial of plea withdrawal reversed and remanded with directions in People v. Villalpando (RIF2201458/E079902)
Riverside Unified School District teacher Erick Villalpando pleaded guilty to a felony count of causing great bodily injury while driving under the inflluence of alcohol. He later motioned to withdraw his plea after leaning that his teaching credential was revoked due to his conviction. The court denied his motion, and he appealed. The Court of Appeal agreed that the court should not have denied his motion because he was not informed that he could lose his credential at the time he made his plea. The Court of Appeal directed the trial court to consider his motion, but did not rule whether he established good cause to withdraw the plea.
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