IN THE SUPREME COURT OF CALIFORNIA
THE PEOPLE,
Plaintiff and Respondent,
S032832
v.
) Riverside
County
OMAR FUENTES MARTINEZ,
Super. Ct. No. CR30780
Defendant and Appellant.
THE COURT:
The opinion in this case, which was filed on August 18, 2003, and appears at 31
Cal.4th 673, is modified as follows:
In the last full paragraph on page 696 and the first partial paragraph on page 697,
the name “Elder” is modified to “Eder.”
Opinion Information
Date: | Docket Number: |
Wed, 11/12/2003 | S032832M |
Parties
1 | The People (Respondent) Represented by Attorney General - San Diego Office Ivy Fitzpatrick, Deputy Attorney General P.O. Box 85266 San Diego, CA |
2 | Martinez, Omar Fuentes (Appellant) San Quentin State Prison Represented by Kathy Rose Moreno Attorney at Law P. O. Box 9006 Berkeley, CA |
Disposition | |
Aug 18 2003 | Opinion: Affirmed |
Dockets | |
May 10 1993 | Judgment of death |
May 17 1993 | Filed certified copy of Judgment of Death Rendered 5-10-93. |
Aug 23 1993 | Application for Extension of Time filed By Court Reporters to Complete R.T. |
Aug 27 1993 | Filed: Suppl Affidavit of Court Reporters requesting Relief from Default. |
Aug 31 1993 | Order filed: Granting Court Reporters' Applic. for Relief from Default to Complete R.T. on Appeal. Ext. of time granted to 10-19-93 to Complete R.T. |
Mar 18 1998 | Counsel appointment order filed Upon request of appellant for appointment of counsel, Kathy M. Chavez is hereby appointed to represent appellant on his automatic appeal now pending in this court, including any habeas corpus and related proceedings. |
Mar 19 1998 | Compensation awarded counsel |
Apr 24 1998 | Application for Extension of Time filed By Applt to request correction of the Record. |
Apr 27 1998 | Extension of Time application Granted To Applt To 6-29-98 To request Corr. of Record. |
Jun 16 1998 | Extension of Time application Granted To 7-29-98 To request Record correction |
Jun 22 1998 | Filed: Request by Counsel for Dual representation appointment (received on 3-5-98). |
Jun 22 1998 | Filed: Request by Inmate for Dual representation (received on 3-5-98). |
Jul 24 1998 | Application for Extension of Time filed By Applt to request correction of the Record. |
Jul 28 1998 | Extension of Time application Granted To Applt To 8-28-98 To request Corr. of Record. |
Aug 27 1998 | Received: Copy of Applt's request to correct, Augment & Settle Record (19 Pp.) |
Jan 13 1999 | Compensation awarded counsel |
Apr 28 1999 | Compensation awarded counsel |
Jul 2 1999 | Record on appeal filed C-28 (7,691 Pp.) and R-34 (4,192 P.) (Including Material Under Seal). Clerk's Transcript includes 5,336 pages of Juror Questionnaires. |
Jul 2 1999 | Appellant's opening brief letter sent, due: 8-11-99. |
Jul 7 1999 | Compensation awarded counsel |
Aug 10 1999 | Application for Extension of Time filed To file Aob. |
Aug 13 1999 | Extension of Time application Granted To 10-12-99 To file AOB |
Oct 6 1999 | Application for Extension of Time filed To file Aob. |
Oct 7 1999 | Extension of Time application Granted To 12/13/99 To file Aob. |
Oct 21 1999 | Change of Address filed for: Atty. Kathy Chavez |
Dec 10 1999 | Application for Extension of Time filed To file Aob. |
Dec 15 1999 | Extension of Time application Granted To 2/14/2000 To file Aob. |
Feb 14 2000 | Application for Extension of Time filed To file Aob. |
Feb 18 2000 | Extension of Time application Granted To 4/14/2000 To file Aob. |
Apr 13 2000 | Application for Extension of Time filed To file Aob. |
Apr 18 2000 | Extension of Time application Granted To 6/13/2000 To file Aob. |
Jun 15 2000 | Application for Extension of Time filed To file Aob. |
Jun 21 2000 | Filed: Suppl Applic for Eot to file Aob. |
Jun 26 2000 | Extension of Time application Granted To 8/14/2000 To file Aob. |
Aug 9 2000 | Counsel's status report received (confidential) |
Aug 9 2000 | Application for Extension of Time filed To file AOB. (7th request) |
Aug 11 2000 | Extension of Time application Granted To 10/13/2000 to file AOB. |
Oct 16 2000 | Application for Extension of Time filed To file AOB. (8th request) |
Oct 16 2000 | Counsel's status report received (confidential) |
Oct 17 2000 | Compensation awarded counsel Atty Chavez |
Oct 20 2000 | Extension of Time application Granted To 12/12/2000 to file AOB. No further ext. of time are contemplated |
Dec 7 2000 | Application for Extension of Time filed To file AOB. (9th request) |
Dec 12 2000 | Extension of Time application Granted To 2/5/2001 to file AOB. No further ext. of time will be granted. |
Dec 15 2000 | Counsel's status report received (confidential) from atty Chavez. |
Feb 5 2001 | Appellant's opening brief filed (278 pages) |
Feb 13 2001 | Counsel's status report received (confidential) |
Feb 14 2001 | Compensation awarded counsel Atty Chavez |
Mar 7 2001 | Application for Extension of Time filed to file resp's brief. (1st request) |
Mar 9 2001 | Extension of Time application Granted to 5/7/2001 to file resp's brief. |
Apr 10 2001 | Counsel's status report received (confidential) |
Apr 30 2001 | Application for Extension of Time filed to file resp's brief. (2nd request) |
May 11 2001 | Filed: Suppl. declaration of service for application for extension of time to file resp.'s brief. |
May 21 2001 | Extension of Time application Granted To 7/6/2001 to file respondent's brief. |
Jun 18 2001 | Counsel's status report received (confidential) |
Jun 29 2001 | Application for Extension of Time filed to file respondent's brief. (3rd request) |
Jul 10 2001 | Extension of Time application Granted To 9/4/2001 to file resp.'s brief. No further extensions of time are contemplated. |
Aug 16 2001 | Counsel's status report received (confidential) |
Aug 29 2001 | Application for Extension of Time filed to file resp's brief. (4th request) |
Sep 4 2001 | Extension of Time application Granted To 11/2/2001 to file resp.'s brief. No further extensions of time will be granted. |
Nov 2 2001 | Extension of Time application Granted To 1/2/2002 to file resp. brief., due to the extraordinary circumstances cited by the Dep. AG Carlson Legrand, in his application for extension of time. No further extensions of time will be granted. |
Dec 3 2001 | Counsel's status report received (confidential) |
Jan 2 2002 | Respondent's brief filed (2 vols. - 257pp.) |
Jan 18 2002 | Request for extension of time filed to file reply brief. (1st request) |
Jan 28 2002 | Extension of time granted To 3/25/2002 to file reply brief. |
Feb 7 2002 | Counsel's status report received (confidential) |
Mar 28 2002 | Request for extension of time filed to file reply brief. (2nd request) |
Apr 4 2002 | Extension of time granted To 5/31/2002 to file reply brief. Counsel anticipates filing the brief by 5/31/2002. After that date, no further extension is contemplated. |
Apr 9 2002 | Filed: Notice of errata to resp.'s brief. |
Apr 11 2002 | Counsel's status report received (confidential) from atty Chavez. |
Apr 12 2002 | Filed: Declaration of atty. Kathy M. Chavez - confidential. |
Apr 16 2002 | Compensation awarded counsel Atty Chavez |
Jun 3 2002 | Appellant's reply brief filed (140 pp.) (filed pursuant to Rule 40(k)) |
Jun 7 2002 | Application filed to: File suppl. AOB. (9 pp. suppl. AOB submitted under separate cover) |
Jun 10 2002 | Counsel's status report received (confidential) |
Jun 19 2002 | Order filed Appellant's applicaton to file supplemental opening brief is granted. Any supplemental respondent's brief is to be served and filed on or before July 19, 2002. No extension will be granted. |
Jun 19 2002 | Filed: Supplemental appellant's opening brief. (9 pp.) |
Jul 19 2002 | Filed: Supplemental respondent's brief. (37 pp.) |
Aug 7 2002 | Counsel's status report received (confidential) |
Aug 8 2002 | Filed: applt's application for leave to file supplemental reply brief. |
Aug 8 2002 | Filed: appellant's supplemental reply brief. (21 pp.) |
Aug 29 2002 | Compensation awarded counsel Atty Chavez |
Sep 5 2002 | Counsel's status report received (confidential) |
Sep 25 2002 | Compensation awarded counsel Atty Chavez |
Oct 23 2002 | Habeas funds request filed (confidential) |
Oct 29 2002 | Received letter from: applt, dated 10-25-2002, regarding clarification of presumptively timely due date for habeas corpus petition. |
Nov 4 2002 | Counsel's status report received (confidential) |
Nov 13 2002 | Order filed re habeas funds request (confidential) |
Nov 20 2002 | Order filed Good cause appearing, in light of the authorization granted to appellant to file supplemental briefing in the above automatic appeal now pending in this court, a petition for writ of habeas corpus submitted on appellant's behalf will be presumed to be filed without substantial delay if it is filed by Dec. 17, 2002. (See Supreme Ct. Policies Regarding Cases Arising From Judgments of Death, policy 3, timeliness std. 1-4 [standard adopted eff. Nov. 20, 2002].) |
Dec 5 2002 | Exhibits lodged People's #1 (from superior court case no. 32643); and trial exhibits, People's nos. 3, 55, 56, and 57. |
Dec 13 2002 | Related habeas corpus petition filed (concurrent) (No. S112103) |
Mar 17 2003 | Oral argument letter sent to counsel advising case could be scheduled for oral argument as early as the May calendars, to be held in San Francisco the week of May 5 and also the week of May 27, 2003. Any request for additional time for argument, notification of requirement for two counsel, or advisement of "focus issues" due no later than 10 days after the case has been set for oral argument. |
Mar 24 2003 | Received letter from: Appellant's counsel, dated 3/20/2003, requesting case be placed on the May 27 calendar. |
Apr 30 2003 | Case ordered on calendar 5-27-03, 1:30pm, S.F. |
May 5 2003 | Filed letter from: Appellant's counsel, dated 5/1/2003, re focus issues for oral argument. |
May 8 2003 | Motion to consolidate filed Motion to consolidate pending appeal and habeas corpus proceedings and issue an order to show cause. |
May 12 2003 | Filed letter from: Respondent's counsel, dated 5/7/2003, re focus issues for oral argument. |
May 21 2003 | Motion to consolidate denied The motion filed on May 8, 2003, to "Consolidate Pending Appeal and Habeas Corpus Proceedings and Issue an Order to Show Cause" is denied. |
May 27 2003 | Cause argued and submitted |
Jun 11 2003 | Compensation awarded counsel Atty Chavez |
Aug 18 2003 | Opinion filed: Judgment affirmed in full Judgment affirmed as corrected. Majority Opinion By Chin, J. -- joined by George, C.J., Baxter, Werdegar, Brown & Moreno, JJ. Concurring and Dissenting Opinion by Kennard, J. |
Sep 3 2003 | Rehearing petition filed by appellant. (22 pp. - pursuant to rule 40(k)) |
Sep 4 2003 | Time extended to consider modification or rehearing to and including November 17, 2003 |
Nov 12 2003 | Opinion modified - no change in judgment |
Nov 12 2003 | Rehearing denied Opinion modified. Kennard, J., is of the opinion the petition should be granted. |
Nov 12 2003 | Remittitur issued (AA) |
Nov 14 2003 | Exhibit(s) returned to superior court. |
Nov 14 2003 | Order filed (150 day statement) |
Nov 20 2003 | Received: receipt for remittitur. |
Dec 12 2003 | Received: Acknowledgment of receipt of exhibits. |
Feb 17 2004 | Received letter from: U.S.S.C., dated 2/10/2004, advising cert petition filed as No. 03-8809. |
Apr 9 2004 | Received: copy of respondent's brief in opposition to cert petition. |
May 24 2004 | Certiorari denied by U.S. Supreme Court |
Feb 24 2006 | Related habeas corpus petition filed (post-judgment) No. S141480 |
Briefs | |
Feb 5 2001 | Appellant's opening brief filed |
Jan 2 2002 | Respondent's brief filed |
Jun 3 2002 | Appellant's reply brief filed |