In re Owen S. CA4/3

Good Law
Court of Appeal of CaliforniaJune 11, 2024G063618California6,243 words

Opinion

Opinion

facts supporting its dispositional orders (as it is required to do), but argues Father forfeited this claim by failing to object on these grounds below. We agree. However, we find this an appropriate case to excuse Father’s forfeiture. Consequently, we affirm the court’s jurisdiction finding, reverse the court’s dispositional orders, and remand with instructions to conduct a new disposition hearing.

I

FACTS AND PROCEDURAL BACKGROUND

In 2015, the Court of Appeal affirmed Father’s convictions in San Bernardino County for two counts of child abuse likely to cause injury or death. (Pen. Code, § 273a, subd. (a).) The jury also found true an allegation Father had personally inflicted great bodily injury upon a child under the age of five. (Pen. Code, § 12022.7, subd. (d).) The trial court imposed a prison sentence of eight years. Father’s former wife Brittany was also convicted of both crimes and was granted probation. The Court of Appeal’s unpublished opinion was entered into evidence at 2 the jurisdiction/disposition hearing. We quote from the opinion at length because Father’s prior abuse of Owen’s stepsiblings formed the basis of the Agency’s allegations in the instant…

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