recent case summaries


People v. Petrovic
B24650 : 3/26/2014

A defendant may "possess" or "control" child pornography under Penal Code section 311.11 even if he did not realize his computer automatically saved images he accessed on the Internet. Defendant was on parole with conditions prohibiting hi...

People v. Dubose et al.
E054926 : 3/25/2014

Minor's LWOP sentence for special circumstances murder is reversed because the trial court may not have considered the factors set forth in Miller v. Alabama (2012) __ U.S. __ [132 S.Ct. 2455]. The two minor codefendants, Dubose a...

K.F. v. Superior Court
D064534 : 3/25/2014

Bypass of reunification services was reversed where severe physical abuse under section 300(e) finding was not based on clear and convincing evidence. The minor was removed from mother and father and declared a dependent due to severe phys...

People v. Garcia
D062659 : 3/24/2014

A defendant may be convicted of two burglaries based on crimes committed with the requisite felonious intent in multiple "rooms" of a commercial building. Garcia sustained two burglary convictions (among others) for entering a store, robbi...

People v. Garcia
H039603 : 3/21/2014

Defendant who committed sex offenses may be required to waive his right against self-incrimination in order to receive probation. Garcia, who was 16 years old when he committed the offenses, pled no contest to two counts of lewd conduct on...

In re K. J.
A137787 : 3/20/2014

Minor may be placed in the Division of Juvenile Facilities (DJF) based on amendment to Welfare and Institutions Code that occurred after he became a ward. In August 2008, the 12-year-old minor admitted molesting his younger brother (Pen. C...

In re Cristian I.
B248035 : 3/19/2014

California court properly allowed the minor to return to the biological father in Arizona despite procedural flaws under the UCCJEA. The minor was the subject of a family law custody order in Arizona when mother secretly moved him to Calif...

People v. Ramirez
H038462 : 3/19/2014

Where offenses occurred both before and after the October 1, 2011 effective date of amendments to Penal Code section 4019, defendant was entitled to additional conduct credit as provided by the amendment. Ramirez pleaded no contest to 19 ...