Stanford Law School - Robert Crown Law Library

Filed 8/10/11

IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE,
Plaintiff and Respondent,
S072316
v.
VERONICA UTILIA GONZALES,
San Diego County
Defendant and Appellant.
Super. Ct. No. SCD114421

MODIFICATION OF OPINION
THE COURT:
The opinion herein, appearing at 51 Cal.4th 894, is modified as follows:
The last sentence of footnote 16 on page 928, which states, “That argument was
incorrect, of course; statements made by defendant to her own experts and reflected in
their reports were discoverable and were provided to the prosecution without objection
below” is deleted.
This modification does not affect the judgment.

---

Automatic appeal from a judgment of death.

Opinion Information

Date:	Citation:	Docket Number:	Category:	Status:
Wed, 08/10/2011	51 Cal. 4th 894, 253 P.3d 185, 126 Cal. Rptr. 3d 1	S072316M	Automatic Appeal	opinion issued

Disposition
Jun 2 2011	Opinion: Affirmed

Dockets
Jul 20 1998	Judgment of death
Aug 3 1998	Filed certified copy of Judgment of Death Rendered   7-20-98.
Aug 3 1998	Penal Code sections 190.6 et seq. apply to this case
Dec 31 1998	Record certified for completeness
Jul 15 2003	Filed:   appellant's application for appointment of counsel (IFP form).
Jul 16 2003	Counsel appointment order filed   appointing Mark E. Cutler to represent appellant for the direct appeal.
Jul 25 2003	Received:   notice from superior court that record was sent to appellant's counsel on 7-21-2003.
Jul 28 2003	Date trial court delivered record to appellant's counsel   (20,096 pp. record) (see Calif. Rules of Court, rule 39.50(c); the date of delivery is the date of mailing plus five days.)
Jul 28 2003	Appellant's opening brief letter sent, due:   July 22, 2004.
Sep 17 2003	Counsel's status report received (confidential)   from atty Cutler.
Nov 12 2003	Compensation awarded counsel   Atty Cutler
Nov 17 2003	Counsel's status report received (confidential)   from atty Cutler.
Dec 23 2003	Compensation awarded counsel   Atty Cutler
Jan 14 2004	Counsel's status report received (confidential)   from atty Cutler.
Mar 16 2004	Counsel's status report received (confidential)   from atty Cutler.
Mar 16 2004	Compensation awarded counsel   Atty Cutler
Mar 30 2004	Compensation awarded counsel   Atty Cutler
May 3 2004	Received copy of appellant's record correction motion   Request for correction of transcripts on appeal. (27 pp.)
May 6 2004	Compensation awarded counsel   Atty Cutler
May 13 2004	Counsel's status report received (confidential)   from atty Cutler.
Jun 9 2004	Compensation awarded counsel   Atty Cutler
Jul 9 2004	Request for extension of time filed   to file appellant's opening brief. (1st request)
Jul 12 2004	Extension of time granted   to 9/20/2004 to file appellant's opening brief.
Jul 19 2004	Counsel's status report received (confidential)   from atty Cutler.
Aug 26 2004	Compensation awarded counsel   Atty Cutler
Sep 9 2004	Request for extension of time filed   to file appellant's opening brief. (2nd request)
Sep 10 2004	Counsel's status report received (confidential)   from atty Cutler.
Sep 13 2004	Extension of time granted   to 11/19/2004 to file appellant's opening brief.
Sep 15 2004	Compensation awarded counsel   Atty Cutler
Nov 8 2004	Request for extension of time filed   to file appellant's opening brief. (3rd request)
Nov 10 2004	Counsel's status report received (confidential)   from atty Cutler.
Nov 10 2004	Extension of time granted   to 1/18/2005 to file appellant's opening brief.
Dec 1 2004	Compensation awarded counsel   Atty Cutler
Jan 10 2005	Counsel's status report received (confidential)   from atty Cutler.
Jan 10 2005	Request for extension of time filed   to file appellant's opening brief. (4th request)
Jan 12 2005	Extension of time granted   to March 21, 2005 to file the appellant's opening brief.
Feb 28 2005	Motion filed (AA)   appellant's motion for modification and or reversal of portion of trial court's orders regarding correction of transcripts on appeal.
Mar 9 2005	Counsel's status report received (confidential)   from atty Cutler.
Mar 9 2005	Request for extension of time filed   to file appellant's opening brief. (5th request)
Mar 14 2005	Extension of time granted   to 5/20/2005 to file appellant's opening brief.
Mar 16 2005	Compensation awarded counsel   Atty Cutler
Apr 13 2005	Compensation awarded counsel   Atty Cutler
May 11 2005	Motion denied   Appellant's "Motion for Modification and/or Reversal of Portion of Trial Court's Orders Regarding Correction of Transcripts on Appeal," filed on February 28, 2005, is denied. (People v. Waidla (2000) 22 Cal.4th 690, 743.)
May 12 2005	Request for extension of time filed   to file AOB. (6th request)
May 16 2005	Extension of time granted   to 7-19-2005 to file AOB.
May 19 2005	Counsel's status report received (confidential)   from atty Cutler.
May 31 2005	Record certified for accuracy
Jul 8 2005	Request for extension of time filed   to file AOB. (7th request)
Jul 11 2005	Extension of time granted   to September 19, 2005 to file appellant's opening brief.
Jul 11 2005	Counsel's status report received (confidential)   from atty Cutler.
Jul 25 2005	Note:   record arrived from superior court.
Sep 14 2005	Request for extension of time filed   to file appellant's opening brief. (8th request)
Sep 16 2005	Extension of time granted   to November 18, 2005 to file appellant's opening brief.
Sep 22 2005	Counsel's status report received (confidential)   from atty Cutler.
Nov 8 2005	Request for extension of time filed   to file appellant's opening brief. (9th request)
Nov 9 2005	Counsel's status report received (confidential)   from atty Cutler.
Nov 14 2005	Extension of time granted   to January 17, 2006 to file appellant's opening brief.
Jan 6 2006	Counsel's status report received (confidential)   from atty Cutler.
Jan 9 2006	Request for extension of time filed   to file appellant's opening brief. (10th request)
Jan 12 2006	Extension of time granted   to 3/17/2006 to file appellant's opening brief.
Mar 3 2006	Letter sent to:   superior court advising portions of clerk's transcript being returned to correct deficiencies, record is to be corrected and returned on or before March 22, 2006.
Mar 7 2006	Letter sent to:   superior court advising more deficiciences found in record, other portions returned for corection and corrected record to be returned no later than March 22, 2006.
Mar 7 2006	Counsel's status report received (confidential)   from atty Cutler.
Mar 14 2006	Request for extension of time filed   to file appellant's opening brief. (11th request)
Mar 16 2006	Extension of time granted   to May 16, 2006 to file appellant's opening brief.
May 5 2006	Counsel's status report received (confidential)   from atty Cutler.
May 5 2006	Request for extension of time filed   to file appellant's opening brief. (12th request)
May 9 2006	Extension of time granted   to July 17, 2006 to file appellant's opening brief.
Jul 18 2006	Request for extension of time filed   to file appellant's opening brief. (13th request)
Jul 24 2006	Extension of time granted   to September 15, 2006 to file appellant's opening brief.
Jul 28 2006	Record on appeal filed   clerk's transcript 55 volumes (11395 pp.) and reporter's transcript 109 volumes (12073 pp.), including material under seal; ASCII disks. Clerk's transcript includes 3651 pp. of juror questionnaires.
Jul 28 2006	Letter sent to:   counsel advising record on appeal, certified for accuracy, filed this date.
Sep 20 2006	Counsel's status report received (confidential)   from CAP on behalf of attorney Mark Cutler.
Sep 22 2006	Request for extension of time filed   to file appellant's opening brief. (14th request)
Sep 26 2006	Extension of time granted   to November 14, 2006 to file appellant's opening brief.
Nov 17 2006	Request for extension of time filed   to file appellant's opening brief. (15th request)
Nov 28 2006	Extension of time granted   to January 16, 2007 to file the appellant's opening brief.
Dec 1 2006	Counsel's status report received (confidential)   from atty Cutler.
Jan 16 2007	Request for extension of time filed   to file appellant's opening brief. (16th request)
Jan 17 2007	Extension of time granted   On application of appellant and good cause appearing, it is ordered that the time to serve and file appellant's opening brief is extended to and including March 13, 2007.
Jan 30 2007	Counsel's status report received (confidential)   from atty Cutler.
Mar 6 2007	Request for extension of time filed   to file appellant's opening brief. (17th request)
Mar 9 2007	Extension of time granted   Good cause appearing, and based upon counsel Mark E. Cutler's representation that he anticipates filing the appellant's opening brief by late summer 2007, counsel's request for an extension of time in which to file that brief is granted to May 14, 2007. After that date, only two further extensions totaling about 120 additional days are contemplated.
Apr 3 2007	Counsel's status report received (confidential)   from atty Cutler.
May 8 2007	Request for extension of time filed   to file appellant's opening brief. (18th request)
May 10 2007	Extension of time granted   to July 13, 2007 to file appellant's opening brief. After that date, only one further extension totaling about 60 additional days is contemplated. Extension is granted based upon counsel Mark E. Cutler's representation that he anticipates filing that brief by late summer 2007.
Jun 14 2007	Counsel's status report received (confidential)   from atty Cutler.
Jul 5 2007	Request for extension of time filed   to file appellant's opening brief. (19th request)
Jul 10 2007	Extension of time granted   Good cause appearing, and based upon counsel Mark Cutler's prior representation that he anticipated filing the appellant's opening brief by late summer, counsel's request for an extension of time in which to file that brief is granted to September 11, 2007. After that date, no further extension is contemplated.
Jul 31 2007	Counsel's status report received (confidential)   from atty Cutler.
Aug 15 2007	Compensation awarded counsel   Atty Cutler
Aug 31 2007	Request for extension of time filed   to file appellant's opening brief. (20th request)
Sep 5 2007	Extension of time granted   Good cause appearing, and based upon counsel Mark E. Cutler's representation that he anticipates filing the appellant's opening brief by October 11, 2007, counsel's request for an extension of time in which to file that brief is granted to October 11, 2007. After that date, no further extension will be granted.
Oct 4 2007	Application to file over-length brief filed   by atty Cutler.
Oct 5 2007	Respondent's brief letter sent; due:   August 18, 2008. (Note: error in calculation; due date is actually August 15, 2008; see letter sent to counsel on January 11, 2008.)
Oct 5 2007	Order filed   Appellant's "Request for Permission to File Oversized Appellant's Opening Brief" is granted.
Oct 5 2007	Appellant's opening brief filed   (135,300 words; 477pp)
Nov 7 2007	Filed:   Addendum to Appellant's Opening Brief (the missing pp. 51-74 which were inadvertently omitted from original filing)
Nov 15 2007	Compensation awarded counsel   Atty Cutler
Jan 11 2008	Letter sent to:   respondent regarding recalculated due date for respondent's brief: respondent's brief is due on or before August 15, 2008.
Jul 7 2008	Compensation awarded counsel   Atty Cutler
Aug 7 2008	Request for extension of time filed (AA)   to file respondent's brief. (1st request)
Aug 12 2008	Extension of time granted   Good cause appearing, and based upon Deputy Attorney General Annie Featherman Fraser's representation that she anticipates filing the respondent's brief by February 15, 2009, counsel's request for an extension of time in which to file that brief is granted to October 15, 2008. After that date, only two further extensions totaling about 120 additional days are contemplated.
Oct 7 2008	Request for extension of time filed (AA)   to file respondent's brief.(2nd request)
Oct 9 2008	Extension of time granted   Good cause appearing, and based upon Deputy Attorney General Annie Featherman Fraser's representation that she anticipates filing the respondent's brief by February 15, 2009, counsel's request for an extension of time in which to file that brief is granted to December 15, 2008. After that date, only one further extension totaling about 60 additional days is contemplated.
Dec 9 2008	Request for extension of time filed (AA)   to file respondent's brief. (3rd request)
Dec 15 2008	Extension of time granted   Good cause appearing, and based upon Deputy Attorney General Annie Featherman Fraser's representation that she anticipates filing the respondent's brief by February 15, 2009, counsel's request for an extension of time in which to file that brief is granted to February 17, 2009. After that date, no further extension is contemplated.
Feb 6 2009	Respondent's brief filed   (77,288 words; 242 pages)
Feb 10 2009	Note:   appellant's reply brief is due April 7, 2009. (see California Rules of Court, rule 8.630(c)(1)(D))
Mar 25 2009	Compensation awarded counsel   Atty Cutler
Apr 9 2009	Request for extension of time filed   to file appellant's reply brief. (1st request)
Apr 17 2009	Compensation awarded counsel   Atty Cutler
Apr 13 2009	Extension of time granted   Good cause appearing, and based upon counsel Mark E. Cutler's representation that he anticipates filing the appellant's reply brief by October 2009, counsel's request for an extension of time in which to file that brief is granted to June 8, 2009. After that date, only two further extensions totaling about 120 additional days are contemplated.
May 27 2009	Request for extension of time filed   to file appellant's reply brief. (2nd request)
Jun 3 2009	Extension of time granted   Good cause appearing, and based upon counsel Mark E. Cutler's representation that he anticipates filing the appellant's reply brief by October 2009, counsel's request for an extension of time in which to file that brief is granted to August 7, 2009. After that date, only one further extension totaling about 60 additional days is contemplated.
Jul 22 2009	Compensation awarded counsel   Atty Cutler
Aug 4 2009	Request for extension of time filed   to file appellant's reply brief. (3rd request)
Aug 10 2009	Extension of time granted   Good cause appearing, and based upon counsel Mark E. Cutler's representation that he anticipates filing the appellant's reply brief by October 6, 2009, counsel's request for an extension of time in which to file that brief is granted to October 6, 2009. After that date, no further extension is contemplated.
Aug 14 2009	Filed:   by appellant, supplemental declaration of service by mail, for appellant counsel's third extension of time to file appellant's reply brief.
Sep 14 2009	Application to file over-length brief filed   by appellant, "Request for Permission to File Oversized Appellant's Reply Brief"
Sep 14 2009	Received:   appellant's reply brief. (49,562 words; 200 pp.)
Sep 23 2009	Application to file over-length brief granted   Appellant's "Request for Permission to File Oversized Appellant's Reply Brief" is granted.
Sep 23 2009	Appellant's reply brief filed Appellant: Gonzales, Veronica UtiliaAttorney: Mark E. Cutler   (49,562 words; 200 pp.)
Nov 19 2009	Compensation awarded counsel   Atty Cutler
Jul 21 2010	Compensation awarded counsel   Atty Cutler
Aug 3 2010	Exhibit(s) lodged   People's exhibits, nos. 75, 76, 78 and 79.
Jan 5 2011	Oral argument letter sent   advising counsel that the court could schedule this case for argument as early as the March calendar, to be held the week of March 7, 2011, in San Francisco. The advisement of "focus issues," notification that two counsel are required, and any request for oral argument time in excess of 30 minutes must be submitted to the court within 10 days of the order setting the case for argument.
Feb 8 2011	Case ordered on calendar   to be argued Tuesday, March 8, 2011, at 1:30 p.m., in San Francisco
Feb 8 2011	Justice pro tempore assigned   Hon. Rebecca A. Wiseman Fifth Appellate District
Feb 15 2011	Filed:   appellant's focus issued letter, dated February 13, 2011.
Feb 15 2011	Received:   appearance sheet from attorney Mark E. Cutler indicating 45 minutes for oral argument for appellant.
Feb 16 2011	Filed:   respondent's focus issue letter, dated February 11, 2011. (with attached declaration of service)
Feb 22 2011	Received:   appearance sheet from Deputy Attorney General Annie Featherman Fraser indicating 30 minutes for oral argument for respondent.
Mar 1 2011	Received:   respondent's additional authorities letter, dated February 25, 2011.
Mar 8 2011	Cause argued and submitted
Mar 16 2011	Compensation awarded counsel   Atty Cutler
Mar 23 2011	Compensation awarded counsel   Atty Cutler
Jun 2 2011	Notice of forthcoming opinion posted   To be filed Thursday, June 2, 2011 @ 10 a.m.
Jun 2 2011	Opinion filed: Judgment affirmed in full   Majority Opinion by Corrigan, J. ----- joined by Cantil-Sakauye C.J., Kennard, Baxter, Werdegar and Chin, JJ. Concurring & Dissenting Opinion by Wiseman, J. (CA 5 assigned)
Jun 17 2011	Rehearing petition filed Appellant: Gonzales, Veronica UtiliaAttorney: Mark E. Cutler   by appellant, (11,651 words; 49 pp.)
Jun 17 2011	Request for judicial notice filed (Grant or AA case) Appellant: Gonzales, Veronica UtiliaAttorney: Mark E. Cutler   by appellant, "Motion for Judicial Notice"
Jun 17 2011	Time extended to consider modification or rehearing   The time for granting or denying rehearing in the above-entitled case is hereby extended to and including August 31, 2011 or the date upon which rehearing is either granted or denied, whichever occurs first.
Jun 23 2011	Request for modification of opinion filed (rehearing pending)   by the Los Angeles County Public Defender (by Terri Towery, Deputy Public Defender), dated June 17, 2011.
Jul 13 2011	Compensation awarded counsel   Atty Cutler
Jul 20 2011	Compensation awarded counsel   Atty Cutler

Briefs
Oct 5 2007	Appellant's opening brief filed
Feb 6 2009	Respondent's brief filed
Sep 23 2009	Appellant's reply brief filed Appellant: Gonzales, Veronica UtiliaAttorney: Mark E. Cutler

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