California Legal Brief

AI-Generated Practitioner Briefs of California Appellate Opinions

substance abuse

2 opinions tagged “substance abuse”

March 30, 2026 Court of Appeal of the State of California, First Appellate District, Division Four

P. v. Nielsen 3/30/26 CA1/4

The Rule of People v. Nielsen is that a trial court's failure to make express findings under Penal Code section 1170(b)(6) does not require reversal when the record demonstrates the court understood and considered childhood trauma as a mitigating factor and weighed it against aggravating circumstances, under circumstances where the defendant made an initial showing that childhood trauma contributed to drug addiction and criminal conduct, but no party explicitly raised section 1170(b)(6) at sentencing.
criminal sentencing childhood trauma section 1170(b)(6) upper term lower term presumption mitigating circumstances aggravating circumstances substance abuse drug possession vehicle theft probation violation PRCS ineffective assistance forfeiture abuse of discretion
February 9, 2026 Court of Appeal of the State of California, Second Appellate District, Division Eight

In re Reyna R. 2/9/26 CA2/8

The Rule of In re Reyna R. is that a juvenile court errs in ordering a parent to pay for professional visitation monitoring without first considering the parent's ability to pay or reasonable alternatives when the parent raises a timely objection based on financial inability, under circumstances where the parent objects to professional monitoring costs at the exit order hearing.
family law juvenile dependency visitation monitored visitation ability to pay exit orders abuse of discretion children's best interests domestic violence substance abuse