- Criminal: San Bernardino Superior Judge Daniel Detienne’s conviction modified in People v. Cordova (FWV22000231/E079842)
- Joshua Andrew Cordova broke into a friend’s apartment, set a fire in the bedroom, and attempted, but failed, to steal the friend’s dog and Jeep Wrangler. He was unable to start the Jeep’s engine, and the dog ran away. His friend’s other dog was released from the friend’s apartment by a neighbor. Police found Cordova at the apartment. He was convicted of felony counts of arson, burglary, vehicle theft and grand theft dog. He also was hit with three misdemeanor counts and two strike priors. He was sentenced to 25 years to life. Cordova appealed, arguing the prosecution presented no evidence that the Wrangler’s value exceeded $950 as required by law. The prosecutors agreed, and the Court of Appeal ordered the felony conviction reduced to a misdemeanor.
- Criminal: Riverside Superior Judge John Molloy’s denial of resentencing affirmed in People v. Flores (RIF1105254/E081202)
- Isaiah Cyrus Flores committed an armed home invasion robbery with two others in an attempt to steal 13 pounds of marijuana. He was convicted of attempted voluntary manslaughter, attempted premeditated murder, assault with a deadly weapon, first degree burglary and felon in possession of a handgun, and was sentenced to 24 years and eight months. He petitioned to be resentenced under Penal Code Section 1172.6. His petition was denied, and he appealed. Since Flores was the actual perpetrator of the acts, he could not find relief under Section 1172.6, the Court of Appeal ruled.
- Criminal: San Bernardino Superior Judge Ronald Christianson’s denial of resentencing affirmed in People v. Landeros (FSB1303116/E081198)
- pleaded guilty to first degree residential robbery, first degree burglary and street terrorism in 2016, and was sentenced to 18 years in prison. He petitioned to be resentenced under Penal Code Sections 1171 and 1171.1. His petition was denied, and he appealed. The Court of Appeal found he was categorically excluded from relief.
- Criminal: San Bernardino Superior Judge Katrina West’s denial of resentencing reversed and remanded with directions in People v. Challoner (FVA1300504/E080908)
- Damon Anker Challoner pleaded guilty to voluntary manslaughter and was sentenced to 21 years in state prison. He petitioned to be resentenced under Penal Code Section 1172.6. West denied his request, using preliminary hearing transcripts and police reports that Challoner argues are not part of the record of conviction and should not have been considered. The Court of Appeal agreed with Challoner, and ordered the trial court to hold a hearing to determine whether Challoner can be resentenced.
- Criminal: San Bernardino Superior Judge Mary Fuller’s denial of resentencing reversed and remanded with directions in People v. Riley (FWV27881/E079054)
- Jack Dewayne Riley was convicted of second degree murder in 1991, after being the driver to a man who committed a drive-by shooting. He petitioned to be resentenced, arguing that Penal Code Section 1172.6 would vacate his murder conviction. The section generally removes murder convictions for people who were convicted under the natural and probable consequences doctrine. His petition was denied, but the Court of Appeal agreed that the trial court should hold a hearing to reconsider whether he gets relief.
- Criminal: San Bernardino Superior Judge Alexander Martinez’s denial of resentencing reversed in People v. Williams (FSB030957/E080369)
- James Williams was convicted of second degree robbery, vehicle theft and evading a police officer in 2002. He had two prior strikes, and was sentenced to 50 years to life. He petitioned to be resentenced due to a change in California’s sentencing laws. His request was denied, and he appealed. The Court of Appeal found that he should be resentenced.
- Criminal: Appeal of Riverside Superior Judge John Molloy’s denial of resentencing dismissed in People v. Morales (RIF1603611/E080798)
- Joseph William Morales was convicted of second degree murder on March 26, 2019, and sentenced to 45 years to life as a third-strike offender. He petitioned to be resentenced under Penal Code Section 1172.6. The court held a hearing, and determined that he was not convicted under the natural and probable consequences, making him outside the scope of relief for the law. He appealed. The Court of Appeal dismissed the case as abandoned after he decided not to file a supplemental brief.
- Criminal: Riverside Superior Judge Thomas Kelly’s denial of resentencing affirmed in People v. Cervantes (RIF094828/E080152)
- Laureno Artiaga Cervantes was involved in three rival gang encounters. Before the third encounter, he obtained shotgun ammunition that was used by a fellow gang member to kill one person and injure another. Cervantes was found guilty of first degree murder, three counts of attempted murder, one count of discharging a firearm at an occupied vehicle, and discharging a firearm from a vehicle. He was sentenced to four terms of life without the possibility of parole. He petitioned to be resentenced under Penal Code Section 1172.6, arguing he did not directly fire the shotgun. His petition was denied after Kelly found Cervantes aided and abetted the killer. Cervantes appealed, and the Court of Appeal sided with Kelly.
- Criminal: San Bernardino Superior Judge Harold Wilson’s denial of probation affirmed in People v. Pace (FSB22000431/E080409)
- Mitchell Steven Pace pleaded guilty to willful infliction of corporal injury on April 26, 2022. His probation officer alleged he violated probation twice, by having contact with the victim. His probation was revoked. He asked for it to be reinstated, and appealed when his request was denied. The Court of Appeal found no error and affirmed.
- Criminal: San Bernardino Superior Judge Jon Ferguson’s denial of resentencing affirmed in People v. Gallo (FVA05963/E080793)
- On June 9, 1996, Thomas Gallo opened fire on a group of people waiting at a gas station. He was convicted on two counts of attempted first degree murder, one count of second degree robbery and two counts of attempted second degree robbery. He petitioned to be resentenced under Penal Code Section 1172.6. Ferguson denied his petition, and he appealed. The Court of Appeal found that Section 1172.6 does not apply to his case.
- Criminal: Riverside Superior Judge Joshlyn Pulliam’s conviction affirmed in People v. Lemus (BAF2101125, BAF2101153/E080037)
- Oscar Maciel Lemus was convicted of numerous sexual offenses against his transgender daughter, and was sentenced to 82 years in state prison. He appealed. The Court of Appeal found no error.
- Criminal: San Bernardino Superior Judge Rodney Cortez’s finding that Brian Stevenson violated parole affirmed in People v. Stevenson (FMB22000116/E079809)
- The Court of Appeal agreed that Stevenson violated parole.
- Family: Appeal of Riverside Superior Judge Mona Nemat’s order dismissed in In re E.M. (DPRI2200069/E080345)
- The Court of Appeal found an appeal over reunification services was moot because the services were already provided.
- CEQA: Riverside Superior Judge Craig Riemer’s dismissal affirmed in Deaguilera v. Riverside County Bd. of Supervisors (CVRI2201040/E079551)
- The Court of Appeal ruled that a CEQA case over a cannabis retail facility was properly dismissed because the plaintiff brought it after the 35-day window to file the suit passed.
- Anti-SLAPP: Riverside Superior Judge O.G. Magno’s denial of anti-SLAPP motion affirmed in Wynne v. Wynne (CVRI2203209/E080184)
- This appeal comes from three connected lawsuits over a real property dispute among family members. The appellants had filed an anti-strategic lawsuit against public participation motion in an attempt to get the breach of contract case against them thrown out. The trial judge ruled against their motion, and they appealed.
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