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State Courts -
California - January 11 - January 12, 2010
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Lawson v. Superior Court, D055396,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, January 11, 2010, Filed
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Overview: Because a child who was allegedly denied medical care while residing in a facility established under the Pregnant and Parenting Women's Alternative Sentencing Program Act, Pen. Code, ? 1174 et seq., was not a prisoner under Gov. Code, ? 844, neither the immunity provided by Gov. Code, ?? 844.6, 845.6, nor the cause of action in ? 845.6 applied.
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People v. Dominguez, B212967,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, January 11, 2010, Filed
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Overview: In a trial for false imprisonment of a four-year-old victim, the evidence was sufficient to satisfy the force element under Pen. Code, ? 236, because defendant, a complete stranger, hugged the victim, picked her up, and carried her to a location beyond the building's security gate. An illegal purpose could be inferred from prior molestations.
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People v. Fierro, B209030,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, January 11, 2010, Filed
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Overview: There was sufficient evidence to support defendant's conviction of making a criminal threat, where the jury reasonably could have found that defendant's actions in displaying a weapon and saying to the victim, "I will kill you. right now," created a sustained fear, a state of mind that was more than momentary, fleeting, or transitory.
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In re Miguel H., B214864,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, January 12, 2010, Filed
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Overview: Evidence that a juvenile defendant had spray paint in his backpack at school was sufficient to support a conviction under Pen. Code, ? 594.1, prohibiting possession of aerosol paint by a juvenile in a public place, because public schools were public places for purposes of Pen. Code, ? 594.1.
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People v. Gonzalez, B207856,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, January 12, 2010, Filed
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Overview: A trial court erred by imposing a minimum 15-year parole eligibility requirement on defendant's attempted premeditated murder conviction because the trial court's imposition of Pen. Code, ? 12022.53's gun enhancement barred it from imposing a minimum parole eligibility period under the gang statute, Pen. Code, ? 186.22.
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