- Published ruling, rights: San Bernardino Superior Judge Kawika Smith’s dispossession of Second Amendment rights affirmed in People v. Alexander (FVI18001733/E078846)
- Alex Alexander challenged long-standing laws that prevent felons from possessing firearms. He argued that the U.S. Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen invalidated the laws. The Court of Appeal disagreed. The Bruen ruling dealt only with concealed carry licensing, and did not overturn precedent that limited the right to carry to people with certain convictions, the ruling said.
- Criminal: San Bernardino Superior Judge Kawika Smith’s sentencing affirmed in part and remanded in People v. Alexander (FVI20001074/E079045)
- In a separate appeal, Alexander argued that the court also improperly double sentenced him for the same act. The Court of Appeal agreed, and ordered one of the counts to be stayed.
- Criminal: Riverside Superior Judge John Molloy’s denial of resentencing reversed and remanded with directions in People v. Flores (CR18960/E079392)
- Carlos Eugene Flores got in a fight at a party in 1981, after he jumped his car onto the grass and began to peel out with his brother. The brothers left, and returned with a rifle. Flores’ brother fatally shot three people. They were both found guilty of three counts of first degree murder and once count of attempted murder. Flores was sentenced to 25 years to life. He filed a petition to be resentenced under Penal Code Section 1172.6, because he was not the actual killer, and could not be convicted of murder under the current law. Molloy denied his petition, saying that the evidence shows that Flores had aided and abetted his brother. Flores was not present at the hearing, and he appealed on the grounds that he had a right to be there. The Court of Appeal agreed with Flores, and ordered a new hearing.
- Criminal: San Bernardino Superior Judge Lorenzo Balderrama’s hospital commitment affirmed in People v. Marquez (FELJS19000251/E080137)
- Wilfred Marquez appealed his commitment to the custody of the Department of State Hospitals under the Sexually Violent Predators Act. The Court of Appeal ordered the correction of clerical errors in the minute order, but otherwise agreed with the judgment.
- Family: San Bernardino Superior Judge Erin Alexander’s termination of parental rights affirmed in In re L.C. (J292766/E080327)
- A 7-week-old was removed from his parents’ care after police arrested the mother for using methamphetamine in public while pushing the child in a stroller. The parents underwent rehabilitation training, and became sober. Alexander chose not to reunite the parents with the child despite their sobriety, a decision the parents appealed. The Court of Appeal found that it was in Alexander’s discretion not to order reunification services.
- Criminal: Riverside Superior Judge David Gunn’s denial of resentencing affirmed in People v. Cody (INF10000236/G060218)
- Travis Cody was found guilty of murder during a home invasion burglary. He filed for resentencing under Penal Code Section 1172.6, and his request was denied. The Court of Appeal agreed that the section did not provide relief to Cody.
- Medical malpractice: Riverside Superior Judge Ronald Johnson’s summary judgment reversed in Gray v. Eisenhower Medical Center (PSC1902364/D080915)
- Bernard Gray sued the medical center after falling from a rolling walker outside of Eisenhower’s entryway in 2017. His walker struck a metal plate. His case was dismissed. The Court of Appeal found that Eisenhower did not meet its initial burden to prove it exercised due care, even though they proved the metal plate met ADA requirements.
- Criminal: San Bernardino Superior Judge Steven Mapes’s denial of resentencing affirmed in People v. Parson (FVA1101104/D081366)
- Terrance Parson was convicted of assault with a knife in 2011, and was sentenced to 25 years to life in prison. He filed a petition for resentencing under Penal Code Section 1172.6, which was denied. He appealed. The Court of Appeal found that the section did not apply to him.
- Criminal: Riverside Superior Judge Charles Koosed’s judgment affirmed in People v. Borg (RIF1805408/D079870)
- Tyler Borg was found guilty of first degree murder. He was accused of fatally shooting a man whom his wife was having an affair with in 2018. He appealed his conviction, arguing insufficient evidence, instructional error, prosecutorial misconduct, ineffective assistance of counsel and cumulative prejudice. The Court of Appeal found no reason to overturn the judgment.
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