Supreme Court of California Justia
Docket No. S032832M
People v. Martinez


Filed 11/12/03

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, 11/12/2003S032832M

Parties
1The People (Respondent)
Represented by Attorney General - San Diego Office
Ivy Fitzpatrick, Deputy Attorney General
P.O. Box 85266
San Diego, CA

2Martinez, Omar Fuentes (Appellant)
San Quentin State Prison
Represented by Kathy Rose Moreno
Attorney at Law
P. O. Box 9006
Berkeley, CA


Disposition
Aug 18 2003Opinion: Affirmed

Dockets
May 10 1993Judgment of death
 
May 17 1993Filed certified copy of Judgment of Death Rendered
  5-10-93.
Aug 23 1993Application for Extension of Time filed
  By Court Reporters to Complete R.T.
Aug 27 1993Filed:
  Suppl Affidavit of Court Reporters requesting Relief from Default.
Aug 31 1993Order 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 1998Counsel 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 1998Compensation awarded counsel
 
Apr 24 1998Application for Extension of Time filed
  By Applt to request correction of the Record.
Apr 27 1998Extension of Time application Granted
  To Applt To 6-29-98 To request Corr. of Record.
Jun 16 1998Extension of Time application Granted
  To 7-29-98 To request Record correction
Jun 22 1998Filed:
  Request by Counsel for Dual representation appointment (received on 3-5-98).
Jun 22 1998Filed:
  Request by Inmate for Dual representation (received on 3-5-98).
Jul 24 1998Application for Extension of Time filed
  By Applt to request correction of the Record.
Jul 28 1998Extension of Time application Granted
  To Applt To 8-28-98 To request Corr. of Record.
Aug 27 1998Received:
  Copy of Applt's request to correct, Augment & Settle Record (19 Pp.)
Jan 13 1999Compensation awarded counsel
 
Apr 28 1999Compensation awarded counsel
 
Jul 2 1999Record 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 1999Appellant's opening brief letter sent, due:
  8-11-99.
Jul 7 1999Compensation awarded counsel
 
Aug 10 1999Application for Extension of Time filed
  To file Aob.
Aug 13 1999Extension of Time application Granted
  To 10-12-99 To file AOB
Oct 6 1999Application for Extension of Time filed
  To file Aob.
Oct 7 1999Extension of Time application Granted
  To 12/13/99 To file Aob.
Oct 21 1999Change of Address filed for:
  Atty. Kathy Chavez
Dec 10 1999Application for Extension of Time filed
  To file Aob.
Dec 15 1999Extension of Time application Granted
  To 2/14/2000 To file Aob.
Feb 14 2000Application for Extension of Time filed
  To file Aob.
Feb 18 2000Extension of Time application Granted
  To 4/14/2000 To file Aob.
Apr 13 2000Application for Extension of Time filed
  To file Aob.
Apr 18 2000Extension of Time application Granted
  To 6/13/2000 To file Aob.
Jun 15 2000Application for Extension of Time filed
  To file Aob.
Jun 21 2000Filed:
  Suppl Applic for Eot to file Aob.
Jun 26 2000Extension of Time application Granted
  To 8/14/2000 To file Aob.
Aug 9 2000Counsel's status report received (confidential)
 
Aug 9 2000Application for Extension of Time filed
  To file AOB. (7th request)
Aug 11 2000Extension of Time application Granted
  To 10/13/2000 to file AOB.
Oct 16 2000Application for Extension of Time filed
  To file AOB. (8th request)
Oct 16 2000Counsel's status report received (confidential)
 
Oct 17 2000Compensation awarded counsel
  Atty Chavez
Oct 20 2000Extension of Time application Granted
  To 12/12/2000 to file AOB. No further ext. of time are contemplated
Dec 7 2000Application for Extension of Time filed
  To file AOB. (9th request)
Dec 12 2000Extension of Time application Granted
  To 2/5/2001 to file AOB. No further ext. of time will be granted.
Dec 15 2000Counsel's status report received (confidential)
  from atty Chavez.
Feb 5 2001Appellant's opening brief filed
  (278 pages)
Feb 13 2001Counsel's status report received (confidential)
 
Feb 14 2001Compensation awarded counsel
  Atty Chavez
Mar 7 2001Application for Extension of Time filed
  to file resp's brief. (1st request)
Mar 9 2001Extension of Time application Granted
  to 5/7/2001 to file resp's brief.
Apr 10 2001Counsel's status report received (confidential)
 
Apr 30 2001Application for Extension of Time filed
  to file resp's brief. (2nd request)
May 11 2001Filed:
  Suppl. declaration of service for application for extension of time to file resp.'s brief.
May 21 2001Extension of Time application Granted
  To 7/6/2001 to file respondent's brief.
Jun 18 2001Counsel's status report received (confidential)
 
Jun 29 2001Application for Extension of Time filed
  to file respondent's brief. (3rd request)
Jul 10 2001Extension of Time application Granted
  To 9/4/2001 to file resp.'s brief. No further extensions of time are contemplated.
Aug 16 2001Counsel's status report received (confidential)
 
Aug 29 2001Application for Extension of Time filed
  to file resp's brief. (4th request)
Sep 4 2001Extension of Time application Granted
  To 11/2/2001 to file resp.'s brief. No further extensions of time will be granted.
Nov 2 2001Extension 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 2001Counsel's status report received (confidential)
 
Jan 2 2002Respondent's brief filed
  (2 vols. - 257pp.)
Jan 18 2002Request for extension of time filed
  to file reply brief. (1st request)
Jan 28 2002Extension of time granted
  To 3/25/2002 to file reply brief.
Feb 7 2002Counsel's status report received (confidential)
 
Mar 28 2002Request for extension of time filed
  to file reply brief. (2nd request)
Apr 4 2002Extension 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 2002Filed:
  Notice of errata to resp.'s brief.
Apr 11 2002Counsel's status report received (confidential)
  from atty Chavez.
Apr 12 2002Filed:
  Declaration of atty. Kathy M. Chavez - confidential.
Apr 16 2002Compensation awarded counsel
  Atty Chavez
Jun 3 2002Appellant's reply brief filed
  (140 pp.) (filed pursuant to Rule 40(k))
Jun 7 2002Application filed to:
  File suppl. AOB. (9 pp. suppl. AOB submitted under separate cover)
Jun 10 2002Counsel's status report received (confidential)
 
Jun 19 2002Order 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 2002Filed:
  Supplemental appellant's opening brief. (9 pp.)
Jul 19 2002Filed:
  Supplemental respondent's brief. (37 pp.)
Aug 7 2002Counsel's status report received (confidential)
 
Aug 8 2002Filed:
  applt's application for leave to file supplemental reply brief.
Aug 8 2002Filed:
  appellant's supplemental reply brief. (21 pp.)
Aug 29 2002Compensation awarded counsel
  Atty Chavez
Sep 5 2002Counsel's status report received (confidential)
 
Sep 25 2002Compensation awarded counsel
  Atty Chavez
Oct 23 2002Habeas funds request filed (confidential)
 
Oct 29 2002Received letter from:
  applt, dated 10-25-2002, regarding clarification of presumptively timely due date for habeas corpus petition.
Nov 4 2002Counsel's status report received (confidential)
 
Nov 13 2002Order filed re habeas funds request (confidential)
 
Nov 20 2002Order 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 2002Exhibits lodged
  People's #1 (from superior court case no. 32643); and trial exhibits, People's nos. 3, 55, 56, and 57.
Dec 13 2002Related habeas corpus petition filed (concurrent)
  (No. S112103)
Mar 17 2003Oral 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 2003Received letter from:
  Appellant's counsel, dated 3/20/2003, requesting case be placed on the May 27 calendar.
Apr 30 2003Case ordered on calendar
  5-27-03, 1:30pm, S.F.
May 5 2003Filed letter from:
  Appellant's counsel, dated 5/1/2003, re focus issues for oral argument.
May 8 2003Motion to consolidate filed
  Motion to consolidate pending appeal and habeas corpus proceedings and issue an order to show cause.
May 12 2003Filed letter from:
  Respondent's counsel, dated 5/7/2003, re focus issues for oral argument.
May 21 2003Motion 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 2003Cause argued and submitted
 
Jun 11 2003Compensation awarded counsel
  Atty Chavez
Aug 18 2003Opinion 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 2003Rehearing petition filed
  by appellant. (22 pp. - pursuant to rule 40(k))
Sep 4 2003Time extended to consider modification or rehearing
  to and including November 17, 2003
Nov 12 2003Opinion modified - no change in judgment
 
Nov 12 2003Rehearing denied
  Opinion modified. Kennard, J., is of the opinion the petition should be granted.
Nov 12 2003Remittitur issued (AA)
 
Nov 14 2003Exhibit(s) returned
  to superior court.
Nov 14 2003Order filed (150 day statement)
 
Nov 20 2003Received:
  receipt for remittitur.
Dec 12 2003Received:
  Acknowledgment of receipt of exhibits.
Feb 17 2004Received letter from:
  U.S.S.C., dated 2/10/2004, advising cert petition filed as No. 03-8809.
Apr 9 2004Received:
  copy of respondent's brief in opposition to cert petition.
May 24 2004Certiorari denied by U.S. Supreme Court
 
Feb 24 2006Related habeas corpus petition filed (post-judgment)
  No. S141480

Briefs
Feb 5 2001Appellant's opening brief filed
 
Jan 2 2002Respondent's brief filed
 
Jun 3 2002Appellant's reply brief filed
 
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