Supreme Court of California Justia
Citation 43 Cal. 4th 1205, 185 P.3d 708, 78 Cal. Rptr. 3d 272

Alcala v. Super. Ct.


Filed 6/18/08


IN THE SUPREME COURT OF CALIFORNIA

RODNEY JAMES ALCALA,
Petitioner,
S150806
v.
THE SUPERIOR COURT OF
Ct. App. 4/3 No. G036911
ORANGE COUNTY, )
)
Respondent;
) Orange
County
Super. Ct. No. C-42861
THE PEOPLE,
Real Party in Interest.
MODIFICATION OF OPINION

THE COURT:

The opinion in this matter, filed June 12, 2008, is modified as follows.

On page 2, first full paragraph, the second sentence is revised to
read:

“We affirmed on appeal (People v. Alcala (1992) 4 Cal.4th
742 (Alcala II)), but a federal district court set aside that
judgment, and the United States Court of Appeals for the
Ninth Circuit affirmed the federal district court’s judgment.
(Alcala v. Woodford (9th Cir. 2003) 334 F.3d 862.)”
This modification does not effect a change in the judgment.


Petition for review after the Court of Appeal granted in part and denied in part a petition for peremptory writ of mandate. This case presents the following issues: (1) Was consolidation of four newly alleged homicides in Los Angeles County with the retrial of a homicide in Orange County authorized by Penal Code section 790, subdivision (b)? (2) Did the Court of Appeal err in directing that two of the four Los Angeles County homicide prosecutions be severed?

Opinion Information
Date:Citation:Docket Number:Category:Status:
Wed, 06/18/200843 Cal. 4th 1205, 185 P.3d 708, 78 Cal. Rptr. 3d 272S150806MReview - Criminal Original (non-H.C.)closed; remittitur issued

Parties
1Alcala, Rodney James (Petitioner)
550 North Flower
c/o Orange County Jail
Santa Ana, CA 92703

Represented by Richard L. Schwartzberg
Attorney at Law
601 Van Ness Avenue, Suite E-728
San Francisco, CA

2Alcala, Rodney James (Petitioner)
550 North Flower
c/o Orange County Jail
Santa Ana, CA 92703

Represented by George A. Peters
Attorney at Law
100 Hargis Place
Cotter, AR

3Superior Court Of Orange County (Respondent)
700 Civic Center Drive West
Santa Ana, CA 92701

4The People (Real Party in Interest)
Represented by James J. Mulgrew
Orange County District Attorney's Office
401 Civic Center Drive West
P.O. Box 808
Santa Ana, CA

5The People (Real Party in Interest)
Represented by Attorney General - San Diego Office
P.O. Box 85266
P.O. Box 85266
San Diego, CA

6The People (Real Party in Interest)
Represented by Brian Neal Gurwitz
Orange County District Attorney's Office
401 Civic Center Drive West
Santa Ana, CA

7Office Of The District Attorney San Joaquin County (Pub/Depublication Requestor)
Represented by Kevin Hicks
San Joaquin County District Attorney's Office
222 E. Weber Avenue, Suite 202
Stockton, CA


Disposition
Jun 12 2008Opinion: Reversed

Dockets
Mar 8 2007Received:
  premature depub. request, Office of the Dist. Atty, San Joaquin Co.
Mar 29 2007Received premature petition for review
  Rodney James Alcala, appellant Richard Schwartzberg, CAP/appointed
Apr 2 2007Record requested
 
Apr 2 2007Case start: Petition for review filed
  Rodney James Alcala, petitioner Richard Schwartzberg, counsel
Apr 2 2007Request for depublication (petition for review pending)
  Office of the Dist. Attorney, San Joaquin Co. (non-party) Kevin Hicks, DDA
Apr 4 2007Received Court of Appeal record
  one file jacket/transcripts
Apr 24 2007Answer to petition for review filed
  The People, Real Party in Interest Brian N. Gurwitz, Senior Deputy District Attorney (CRC 8.25b)
May 23 2007Petition for review granted (criminal case)
  Votes: George, C. J., Kennard, Baxter, Werdegar, Chin, Moreno and Corrigan, JJ.
Jun 8 2007Counsel appointment order filed
  Upon request of appellant for appointment of counsel, Richard L. Schwartzberg is hereby appointed to represent appellant on the appeal now pending in this court. Appellant's brief on the merits must be served and filed on or before thirty (30) days from the date of this order.
Jun 26 2007Request for extension of time filed
  30 days until August 7, 2007, to serve and file the opening brief on the merits Rodney J. Alcala, petitioner Richard Schwartzberg, counsel
Jun 27 2007Extension of time granted
  On application of petitioner and good cause appearing, it is ordered that the time to serve and file the petitioner's opening brief on the merits is extended to and including August 7, 2007. No furthur extensions will be granted.
Aug 8 2007Opening brief on the merits filed
  counsel for petnr. (Alcala) (8.25(b))
Aug 29 2007Compensation awarded counsel
  Atty Schwartzberg
Sep 6 2007Answer brief on the merits filed
  Real Party People Senior Deputy District Attorney James J. Mulgrew
Sep 24 2007Reply brief filed (case fully briefed)
  Rodney J. Alcala, Petitioner by Richard Schwartzberg, counsel
Mar 3 2008Filed:
  Letter dated February 28, 2008, from counsel for Real Party in Interest, regarding oral argument scheduling. Requests not to be on calendar the week of May 5, 2008.
Mar 4 2008Case ordered on calendar
  to be argued on Wednesday, April 2, 2008, at 1:30 p.m., in Los Angeles
Apr 2 2008Cause argued and submitted
 
Jun 12 2008Opinion filed: Judgment reversed
  A single trial on all five murder charges may proceed in Orange County. Majority Opinion by George, CJ. joined by Kennard, Baxter, Werdegar, Chin, Moreno, and Corrigan, JJ.
Jun 18 2008Opinion modified - no change in judgment
 
Jun 18 2008Order filed
  The opinion is modified on the court's own motion. George, C.J., was absent and did not participate. Werdegar and Corrigan, JJ., were absent and did not participate.
Jul 3 2008Order filed
  The finality of the opinion in the above-entitled case is hereby extended to and including August 8, 2008, or until further order of this court.
Jul 9 2008Order filed
  The order of this court filed on July 3, 2008 extending the finality of the opinion is hereby vacated.
Jul 16 2008Remittitur issued (criminal case)
 
Jul 16 2008Compensation awarded counsel
  Atty Schwartzberg
Aug 5 2008Received:
  Receipt for remittitur from the Court of Appeal, Fourth Appellate District, Division three

Briefs
Aug 8 2007Opening brief on the merits filed
 
Sep 6 2007Answer brief on the merits filed
 
Sep 24 2007Reply brief filed (case fully briefed)
 
If you'd like to submit a brief document to be included for this opinion, please submit an e-mail to the SCOCAL website