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Denial of Request for Stay of Dependency Proceedings Reversed, and Criminal Case

By FindLaw Staff on May 24, 2010 4:06 PM

In re Amber M., No. D055539, concerned an appeal from the trial court's denial of petitioner's request for a stay of dependency proceedings involving his two children under section 522(b) of the Servicemembers Civil Relief Act.  The court of appeals reversed, holding that 1) liberally construing petitioner's application for a stay, it met the requirements of section 522(b) or at minimum substantially complied with the requirements of section 522(b); and 2) assuming it did not meet the requirements of section 522(b), the court abused its discretion in denying a stay.

In People v. Wynn, No. D056808, the court of appeals modified defendant's burglary and assault sentence, holding that 1) the trial court should have stayed the section 12022, subdivision (b)(1) sentence enhancement for use of a deadly or dangerous weapon in connection with the burglary count because it was based on the same indivisible course of conduct that gave rise to the assault with a deadly weapon counts; and 2) the abstract of judgment must be amended to reflect that the trial court struck two of the petty theft convictions.

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