- Agriculture: Riverside Superior Judge Angel Bermudez’s conviction affirmed in Petersen v. Alvocado (MCC1800520/E078660)
- Roberta Petersen sued the owners of a neighboring property. She claimed their conversion of an avocado grove into a citrus grove resulted in excessive flooding and mud on her property. Petersen appealed the judgment in the defendant’s favor. The Court of Appeal ruled that Petersen forfeited her arguments by not citing them and not fairly summarizing them in her appeal.
- Criminal: San Bernardino Superior Judge Daniel Detienne’s conviction reversed in part in People v. Avalos (FWV20002067/E078623)
- Juan Jose Avalos broke a co-workers nose with a punch while getting beer with him on their lunch break. He was convicted of assault by means of force likely to produce great bodily injury, and was cleared of assault with a deadly weapon. The Court of Appeal ruled that Detienne gave improper supplemental instruction when asked by the jury to clarify about the great bodily injury enhancement. The ruling struck the enhancement.
- Criminal: Riverside Superior Judge Mac Fisher’s sentencing modified in People v. Renteria (RIF1801803/E078751)
- Mario Salvador Renteria was convicted of murder and sentenced to 129 years to life. On April 9, 2018, he shot a man, placed him in a sleeping bag in a car, and lit the car on fire. He confessed to the murder. He appealed his sentence, arguing that his 1,447 days in jail prior to sentencing should be taken off his sentence. The Court of Appeal agreed, and ordered the judgment modified.
- Criminal: San Bernardino Superior Judge Michael Knish’s denial of resentencing reversed in People v. Cortez (FWV17004818/E080455)
- Zoe Rene Cortez pleaded guilty to attempted murder after she was charged with two counts of premeditated murder and two counts of assault with a firearm. She had been involved in an armed ambush against the father of her son, but had not fired the gun. She asked to be resentenced under Penal Code Section 1172.6. The section reduces sentences for people who were convicted of murder despite not being the direct killer. She appealed the denial of her request. The Court of Appeal agreed that Knish had improperly excluded her from relief, and ordered him to hold a hearing on whether Cortez should be resentenced.
- Criminal: Riverside Superior Judge John Molloy’s denial of dismissal of prior strikes affirmed in People v. Kemp (RIF105475/E080435)
- Eric Shawn Kemp was convicted of cocaine possession while armed. It was his third strike. Molloy declined to dismiss his prior offenses when asked by Kemp’s attorney, and Kemp appealed. The Court of Appeal found no error.
- Criminal: Riverside Superior Judge William Lebov’s denial of resentencing affirmed in People v. Corrales (RIF107511/E079612)
- Jose Ledezma Corrales was convicted of premeditated attempted murder and sentenced to seven years to life in prison. He asked to be resentenced under Penal Code Section 1172.6, which vacates certain murder convictions if they were brought under the natural and probable consequences doctrine. Lebov denied his request and he appealed. The Court of Appeal ruled against Corrales after finding that he failed to demonstrate he was convicted under the natural and probable consequences doctrine.
- Juvenile: San Bernardino Superior Judge Tony Raphael’s electronic search warrant affirmed in In re E.M. (J295589/E080637)
- A minor threatened another minor by lifting his shirt to show a gun in his waistband. He was placed on a year of probation for being a minor in possession of a firearm. One condition of his probation is that he must show his cell phone to law enforcement when asked. He appealed, arguing it was unreasonable because he did not use his cell phone when he showed the minor his gun. The Court of Appeal disagreed since he used social media to broadcast the fact that he had a gun.
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