Supreme Court of California Justia
Docket No. S048763M

People v. Nelson


Filed 9/21/16
IN THE SUPREME COURT OF CALIFORNIA
THE PEOPLE
Plaintiffs and Respondents,
S048763
v.
SERGIO DUJUAN NELSON
Los Angeles County
Defendant and Appellant;
Super. Ct. No. KA019560




ORDER MODIFYING OPINION AND
DENYING PETITION FOR REHEARING
THE COURT:
The majority opinion and the concurring and dissenting opinion in this matter
filed on August 15, 2016, are modified as follows, and the petition for rehearing filed
on August 30, 2016, is denied:
On page 2 of the majority opinion, in the sentence beginning “Nelson parked
his bicycle,” the phrase “firing additional shots into the car” is replaced by the phrase
“firing again into the car.”
On page 5 of the majority opinion, in the sentence beginning “Nelson walked
back to the car,” the phrase “fired two or three more rounds into it” is replaced by the
phrase “fired again into it.”
On pages 35 to 36 of the majority opinion, in the sentence beginning “To
summarize,” the phrase “firing additional shots into the vehicle” is replaced by the
phrase “firing again into the vehicle.”
1

On page 44 of the majority opinion, in the sentence beginning “After ensuring
his victims were dead,” the word “them” is deleted.
On page 2 of Justice Corrigan’s separate opinion, in the sentence beginning
“We also know from the testimony,” the phrase “returning to the car to shoot several
more times” is replaced by the phrase “returning to the car to shoot again.”
These modifications do not change the judgment.
2
Opinion Information
Date:Docket Number:
Thu, 09/22/2016S048763M

Parties
1The People (Plaintiff and Respondent)
Represented by Attorney General - Los Angeles Office
Sharon E. Loughner, Deputy Attorney General
300 S. Spring St., Suite 500
Los Angeles, CA

2The People (Plaintiff and Respondent)
Represented by Attorney General - Los Angeles Office
Tita Nguyen, Deputy Attorney General
300 South Spring Street, Suite 5000
Los Angeles, CA

3Sergio Dujuan Nelson (Defendant and Appellant)
San Quentin State Prison
San Quentin, CA 94974

Represented by Office of the State Public Defender-SF
Joseph E. Chabot, Deputy State Public Defender
1111 Broadway, 10th Floor
Oakland, CA


Disposition
Aug 15 2016Opinion: Conviction & specials aff., penalty rev.

Dockets
Sep 7 1995Judgment of death
Sep 11 1995Filed certified copy of Judgment of Death Rendered
9-7-95.
Mar 27 2001Order appointing State Public Defender filed
to represent applt for the direct appeal.
Apr 5 2001Received:
notice from superior court, dated 4-3-2001, advising record was transmitted to applt's counsel that date.
May 29 2001Counsel's status report received (confidential)
from State P.D.
Jun 12 2001Received:
notice from superior court that the 6, 461 pp. record was mailed to applt's counsel on 4-3-2001.
Jul 3 2001Application for Extension of Time filed
by applt to request correction of the record. (1st request)
Jul 9 2001Extension of Time application Granted
To 9/7/2001 to applt. to request corr. of the record.
Jul 30 2001Counsel's status report received (confidential)
from State P.D.
Sep 5 2001Application for Extension of Time filed
By applt. to request corr. of the record. (2nd request)
Sep 13 2001Extension of Time application Granted
To 11/6/2001 to applt. to request corr. of the record.
Sep 28 2001Counsel's status report received (confidential)
from State P.D.
Nov 5 2001Application for Extension of Time filed
by applt. to request corr. of the record. (3rd request)
Nov 9 2001Extension of Time application Granted
To 1/7/2002 to applt. to request corr. of the record.
Nov 27 2001Counsel's status report received (confidential)
from State P.D.
Jan 2 2002Request for extension of time filed
By applt. to request corr. of the record. (4th request)
Jan 8 2002Extension of time granted
To 3/8/2002 to applt. to request correction of the record. Dep. State PD Chabot anticipates filing the request in the superior court to correct the record by 5/6/2002. Only one further extension totaling 60 additional days is contemplated.
Jan 28 2002Counsel's status report received (confidential)
from State P.D.
Mar 5 2002Request for extension of time filed
By applt. to request correction of the record. (5th request)
Mar 13 2002Extension of time granted
To 5/7/2002 to applt. to request correction of the record. Dep. State PD Chabot anticiaptes filing the request by 5/7/2002. After that date, no furhter extension is contemplated.
Mar 29 2002Counsel's status report received (confidential)
from State P.D.
May 1 2002Received copy of appellant's record correction motion
applt's motion to correct and complete the record on appeal. (58 pp.)
May 28 2002Counsel's status report received (confidential)
from State P.D.
Jul 29 2002Counsel's status report received (confidential)
from State P.D.
Sep 30 2002Counsel's status report received (confidential)
from State P.D.
Nov 27 2002Counsel's status report received (confidential)
from State P.D.
Jan 27 2003Counsel's status report received (confidential)
from State P.D.
Mar 27 2003Counsel's status report received (confidential)
from State P.D.
May 27 2003Counsel's status report received (confidential)
from State P.D.
Jun 3 2003Note:
Volume one of the reporter's transcript returned to trial court for the preparation of a comprehensive chronological and alphabetical index. Index to be completed and returned no later than 7/3/2003.
Jul 3 2003Record on appeal filed
Clerk's transcript 28 volumes (7097 pp.) and reporter's transcript 42 volumes (5743 pp.); including material under seal; ASCII disks. Clerk's transcript includes 5552 pp. of juror questionnaires.
Jul 3 2003Appellant's opening brief letter sent, due:
August 12, 2003.
Jul 28 2003Counsel's status report received (confidential)
from State P.D.
Aug 1 2003Request for extension of time filed
to file appellant's opening brief. (1st request)
Aug 7 2003Extension of time granted
to 10/14/2003 to file appellant's opening brief. The court anticipates that after that date, only four further extensions totaling 240 additional days will be granted. Counsel is ordered to inform hisor her assisting attorney or entity, if any, and any assisting attorney or entity of any separate counsel of record, of this schedule, and to take all steps necessary to meet it.
Sep 30 2003Counsel's status report received (confidential)
from State P.D.
Oct 7 2003Request for extension of time filed
to file appellant's opening brief. (2nd request)
Oct 15 2003Extension of time granted
to 12/15/2003 to file appellant' s opening brief. The court anticipates that after that date, only three further extensions totaling 180 additional days will be granted. Counsel is ordered to inform his or her assisting attorney or entity, if any, and any assisting attorney or entity of any separate counsel of record, of this schedule, and to take all steps necessary to meet it.
Nov 26 2003Counsel's status report received (confidential)
from State P.D.
Dec 8 2003Request for extension of time filed
to file appellant's opening brief. (3rd request)
Dec 12 2003Extension of time granted
to 2/13/2004 to file appellant's opening brief. The court anticipates that after that date, only two further extensions totaling 120 additional days will be granted. Counsel is ordered to inform his orher assisting attorney or entity, if any, and any assisting attorney or entity of any separate counsel of record, of this schedule, and to take all steps necessary to meet it.
Jan 27 2004Counsel's status report received (confidential)
from State P.D.
Feb 6 2004Request for extension of time filed
to file appellant's opening brief. (4th request)
Feb 17 2004Extension of time granted
to 4/13/2004 to file appellant's opening brief. The court anticipates that after that date, only one further extension totaling 60 additional days will be granted. Counsel is ordered to inform his orher assisting attorney or entity, if any, and any assisting attorney or entity of any separate counsel of record, of this schedule, and to take all steps necessary to meet it.
Mar 29 2004Counsel's status report received (confidential)
from State P.D.
Apr 7 2004Request for extension of time filed
to file AOB. (5th request)
Apr 13 2004Extension of time granted
to 6/14/2004 to file appellant's opening brief. After that date, no further extension of time will be granted. Counsel is ordered to inform his or her supervising attorney, if any, of this schedule, and to take all steps necessary to meet it.
Jun 2 2004Counsel's status report received (confidential)
from State P.D.
Jun 7 2004Request for extension of time filed
to file appellant's opening brief. (6th request)
Jun 11 2004Extension of time granted
to 8-13-2004 to file AOB. After that date, only two further extensions totaling about 120 additional days will be granted. Extension granted based upon Deputy State P.D. Joseph Chabot'srepresentation that he anticipates filing the brief by 12-14-2004.
Aug 2 2004Counsel's status report received (confidential)
from State P.D.
Aug 6 2004Request for extension of time filed
to file appellant's opening brief. (7th request)
Aug 10 2004Extension of time granted
to 10/12/2004 to file appellant's opening brief. After that date, only two further extensions totaling about 90 additional days will be granted. Extension is granted based upon Deputy State Public Defender Joseph E. Chabot's representation that he anticipates filing that brief by 1/13/2005.
Sep 30 2004Counsel's status report received (confidential)
from State P.D.
Oct 5 2004Request for extension of time filed
to file appellant's opening brief. (8th request)
Oct 13 2004Extension of time granted
to 12/13/2004 to file appellant's opening brief. After that date, only one further extension totaling about 30 additional days will be granted. Extension is granted based upon Deputy State Public Defender Joseph E. Chabot's representation that he anticipates filing that brief by 1/13/2005.
Dec 1 2004Counsel's status report received (confidential)
from State P.D.
Dec 6 2004Request for extension of time filed
to file appellant's opening brief. (9th request)
Dec 10 2004Extension of time granted
to 2/14/2005 to file appellant's opening brief. After that date, only one further extension totaling about 30 additional days will be granted. Extension is granted based upon Deputy State Public Defender Joseph E. Chabot's representation that he anticipates filing that brief by 3/15/2005.
Jan 31 2005Counsel's status report received (confidential)
from State P.D.
Feb 7 2005Request for extension of time filed
to file appellant's opening brief. (10th request)
Feb 10 2005Extension of time granted
to 4/15/2005 to file appellant's opening brief. based upon Deputy State Public Defender Joseph E. Chabot's representation that he anticipates filing that brief by 4/15/2005. After that date, no further extension will be granted.
Apr 4 2005Counsel's status report received (confidential)
from State P.D.
Apr 8 2005Request for extension of time filed
to file appellant's opening brief. (11th request)
Apr 13 2005Extension of time granted
to 5/16/2005 to file appellant's opening brief. Extension is granted based upon Deputy State Public Defender Joseph E. Chabot's representation that he anticipates filing that brief by 5/16/2005. Afterthat date, no further extension will be granted.
May 16 2005Appellant's opening brief filed
(93, 215 words; 331 pp.)
Jun 9 2005Request for extension of time filed
to file respondent's brief. (1st request)
Jun 14 2005Extension of time granted
to 8/15/2005 to file respondent's brief. fter that date, only four further extensions totaling about 210 additional days are contemplated. Extension is granted based upon Deputy Attorney General Sharon E. Loughner's representation that she anticipates filing that brief by 3/2006.
Aug 8 2005Request for extension of time filed
to file respondent's brief. (2nd. request)
Aug 12 2005Extension of time granted
to 10/14/2005 to file respondent's brief. After that date, only three further extensions totaling about 150 additional days will be granted. Extension is granted based upon Deputy Attorney General Sharon E. Loughner's representation that she anticipates filing that brief by 3/2006.
Oct 11 2005Request for extension of time filed
to file respondent's brief. (3rd request)
Oct 20 2005Extension of time granted
to 12/13/2005 to file respondent's brief. After that date, only two further extensions totaling about 90 additional days will be granted. Extension is granted based upon Deputy Attorney General SharonE. Loughner's representation that she anticipates filing that brief by 3/2006.
Dec 6 2005Request for extension of time filed
to file respondent's brief. (4th request)
Dec 14 2005Extension of time granted
to 2/14/2006 to file the respondent's brief. After that date, only one further extension totaling about 30 additional days will be granted. Extension is granted based upon Deputy Attorney GeneralSharon E. Loughner's representation that she anticipates filing that brief by 3/2006.
Feb 7 2006Request for extension of time filed
to file respondent's brief. (5th request)
Feb 10 2006Extension of time granted
to April 17, 2006 to file the respondent's brief. After that date, no further extension will be granted. Extension is granted based upon Deputy Attorney General Sharon E. Loughner's representation that she anticipates filing that brief by April 17, 2006.
Apr 17 2006Respondent's brief filed
by Deputy Attorney General Sharon E. Loughner (56, 485 words; 197 pp.)
May 1 2006Request for extension of time filed
to file appellant's reply brief. (1st request)
May 4 2006Extension of time granted
to July 7, 2006 to file appellant's reply brief.
Jun 30 2006Request for extension of time filed
to file appellant's reply brief. (2nd request)
Jul 7 2006Extension of time granted
to September 5, 2006 to file appellant's reply brief.
Aug 28 2006Request for extension of time filed
to file appellant's reply brief. (3rd request)
Sep 1 2006Extension of time granted
to November 6, 2006 to file the appellant's reply brief. After that date, only seven further extensions totaling about 420 additional days will be granted. Extension is granted based upon SeniorDeputy State Public Defender Joseph E. Chabot's representation that he anticpates filing that brief by January 7, 2008.
Oct 30 2006Request for extension of time filed
to file appellant's reply brief. (4th request)
Nov 2 2006Extension of time granted
to January 5, 2007 to file the appellant's reply brief. After that date, only six further extensions totalling about 360 additional days will be granted. Extension is granted based upon SeniorDeputy State Public Defender Joseph E. Chabot's representation that he anticipates filing that brief by January 7, 2008.
Dec 28 2006Request for extension of time filed
to file appellant's reply brief. (5th request)
Jan 5 2007Extension of time granted
Good cause appearing, and based upon Senior Deputy State Public Defender Joseph E. Chabot's representation that he anticipates filing the appellant's reply brief by January 7, 2008, counsel's request for an extension of time in which to file that brief is granted to March 6, 2007. After that date, only five further extensions totaling about 300 additional days will be granted.
Feb 27 2007Request for extension of time filed
to file appellant's reply brief. (6th request)
Mar 5 2007Extension of time granted
to May 7, 2007 to file appellant's reply brief. After that date, only four further extensions totaling about 240 additional days will be granted. Extension is granted based upon Senior Deputy State Public Defender Joseph E. Chabot's representation that he anticipates filing that brief by January 2008.
Apr 30 2007Request for extension of time filed
to file appellant's reply brief. (7th request)
May 4 2007Extension of time granted
to July 6, 2007 to file the appellant's reply brief. After tht date, only three further extensions totaling about 180 additional days will be granted. Extension is granted based upon Senior DeputyState Public Defender Joseph E. Chabot's representation that he anticipates filing that brief by January 2008.
Jun 28 2007Request for extension of time filed
to file appellant's reply brief. (8th request)
Jul 3 2007Extension of time granted
to September 4, 2007 to file the appellant's reply brief. After that date, only two further extensions totaling about 120 additional days will be granted. Extension is granted based upon Senior Deputy State Public Defender Joseph E. Chabot's representation that he anticipates filing that brief by January 2008.
Aug 27 2007Request for extension of time filed
to file appellant's reply brief. (9th request)
Aug 31 2007Extension of time granted
Good cause appearing, and based upon Senior Deputy State Public Defender Joseph E. Chabot's representation that he anticipates filing the appellant's reply brief by July 6, 2008, counsel's request foran extension of time in which to file that brief is granted to November 5, 2007. After that date, only four further extensions totaling about 240 additional days will be granted.
Oct 29 2007Request for extension of time filed
to file appellant's reply brief. (10th request)
Nov 5 2007Extension of time granted
Good cause appearing, and based upon Senior Deputy State Public Defender Joseph E. Chabot's representation that he anticipates filing the appellant's reply brief by July 6, 2008, counsel's request for an extension of time in which to file that brief is granted to January 4, 2008. After that date, only three further extensions totaling about 180 additional days will be granted.
Dec 27 2007Request for extension of time filed
to file appellant's reply brief. (11th request)
Dec 31 2007Extension of time granted
Good cause appearing, and based upon Senior Deputy State Public Defender Joseph Chabot's representation that he anticipates filing the appellant's reply brief by November 6, 2008, counsel's request for an extension of time in which to file that brief is granted to March 4, 2008. After that date, only four further extensions totaling about 240 additional days are contemplated.
Feb 26 2008Request for extension of time filed
to file appellant's reply brief. (12th request)
Mar 3 2008Extension of time granted
Good cause appearing, and based upon Senior Deputy State Public Defender Joseph Chabot's representation that he anticipates filing the appellant's reply brief by November 6, 2008, counsel's request for an extension of time in which to file that brief is granted to May 5, 2008. After that date, only three further extensions totaling about 150 additional days are contemplated.
Apr 28 2008Request for extension of time filed
to file appellant's reply brief (13th request).
May 1 2008Extension of time granted
Good cause appearing, and based upon Senior Deputy State Public Defender Joseph E. Chabot's representation that he anticipates filing the appellant's reply brief by November 6, 2008, counsel's request for an extension of time in which to file that brief is granted to July 7, 2008. After that date, only two further extensions totaling about 120 additional days are contemplated.
Jun 27 2008Request for extension of time filed (AA)
to file appellant's reply brief. (14th request)
Jul 3 2008Extension of time granted
Good cause appearing, and based upon Senior Deputy State Public Defender Joseph E. Chabot's representation that he anticipates filing the appellant's reply brief by March 6, 2009, counsel's request for an extension of time in which to file that brief is granted to September 5, 2008. After that date, only three further extensions totaling about 180 additional days are contemplated.
Aug 28 2008Request for extension of time filed (AA)
to file appellant's reply brief. (15th request)
Sep 4 2008Filed:
by appellant, Amended Request for Extension of Time to File Appellant's Reply Brief.
Sep 9 2008Extension of time granted
Good cause appearing, and based upon Senior Deputy State Public Defender Joseph E. Chabot's representation that he anticipates filing the appellant's reply brief by March 6, 2009, counsel's requestfor an extension of time in which to file that brief is granted to November 4, 2008. After that date, only two further extensions totaling about 120 additional days are contemplated.
Oct 29 2008Request for extension of time filed (AA)
to file appellant's reply brief (16th request)
Nov 3 2008Extension of time granted
Good cause appearing, and based upon Senior Deputy State Public Defender Joseph E. Chabot's representation that he anticipates filing the appellant's reply brief by May 4, 2009, counsel's request for an extension of time in which to file that brief is granted to January 5, 2009. After that date, only two further extensions totaling about 120 additional days are contemplated.
Dec 26 2008Request for extension of time filed (AA)
to file appellant's reply brief. (17th request)
Jan 5 2009Extension of time granted
Good cause appearing, and based upon Senior Deputy State Public Defender Joseph E. Chabot's representation that he anticipates filing the appellant's reply brief by July 6, 2009, counsel's request foran extension of time in which to file that brief is granted to March 6, 2009. After that date, only two further extensions totaling about 120 additional days are contemplated.
Feb 26 2009Request for extension of time filed (AA)
to file appellant's reply brief. (18th request)
Mar 3 2009Extension of time granted
Good cause appearing, and based upon Senior Deputy State Public Defender Joseph E. Chabot's representation that he anticipates filing the appellant's reply brief by March 5, 2010, counsel's request for an extension of time in which to file that brief is granted to May 5, 2009. After that date, only five further extensions totaling about 300 additional days are contemplated.
Apr 28 2009Request for extension of time filed
to file appellant's opening brief. (19th request)
May 1 2009Extension of time granted
Good cause appearing, and based upon Senior Deputy State Public Defender Joseph E. Chabot's representation that he anticipates filing the appellant's reply brief by March 5, 2010, counsel's request for an extension of time in which to file that brief is granted to July 6, 2009. After that date, only four further extensions totaling about 240 additional days are contemplated.
Jun 25 2009Request for extension of time filed
to file appellant's reply brief. (20th request)
Jul 8 2009Extension of time granted
Good cause appearing, and based upon Senior Deputy State Public Defender Joseph E. Chabot's representation that he anticipates filing the appellant's reply brief by March 5, 2010, counsel's request for an extension of time in which to file that brief is granted to September 4, 2009. After that date, only three further extensions totaling about 180 additional days are contemplated.
Aug 28 2009Request for extension of time filed
to file appellant's reply brief. (21st request)
Sep 2 2009Extension of time granted
Good cause appearing, and based upon Senior Deputy State Public Defender Joseph E. Chabot's representation that he anticipates filing the appellant's reply brief by March 5, 2010, counsel's request for an extension of time in which to file that brief is granted to November 3, 2009. After that date, only two further extensions totaling about 120 additional days will be granted.
Oct 26 2009Request for extension of time filed
to file appellant's reply brief. (22nd request)
Oct 29 2009Extension of time granted
Good cause appearing, and based upon Senior Deputy State Public Defender Joseph E. Chabot's representation that he anticipates filing the reply brief by December 6, 2010, counsel's request for an extension of time in which to file that brief is granted to January 4, 2010. After that date, only six further extensions totaling about 336 additional days will be granted.
Nov 6 2009Filed:
Letter from Tita Nguyen, Deputy Attorney General, dated November 6, 2009, advising the court she has been assigned to this case.
Dec 23 2009Request for extension of time filed
to file appellant's reply brief. (23rd request)
Jan 5 2010Extension of time granted
Good cause appearing, and based upon Senior Deputy State Public Defender Joseph E. Chabot's representation that he anticipates filing the appellant's reply brief by December 6, 2010, counsel's request for an extension of time in which to file that brief is granted to March 5, 2010. After that date, only five further extensions totaling about 270 additional days will be granted.
Feb 25 2010Request for extension of time filed
to file appellant's reply brief. (24th request)
Mar 2 2010Extension of time granted
Good cause appearing, and based upon Senior Deputy State Public Defender Joseph E. Chabot's representation that he anticipates filing the appellant's reply brief by December 6, 2010, counsel's request for an extension of time in which to file that brief is granted to May 4, 2010. After that date, only four further extensions totaling about 210 additional days will be granted.
Apr 27 2010Request for extension of time filed
to file appellant's reply brief. (25th request)
May 3 2010Extension of time granted
Good cause appearing, counsel's request for an extension of time in which to file the appellant's reply brief is granted to July 6, 2010. The court anticipates that after that date, only three further extensions totaling about 150 additional days will be granted. Counsel is ordered to inform his or her supervising attorney, if any, of this schedule, and to take all steps necessary to meet it.
Jun 28 2010Request for extension of time filed
to file appellant's reply brief. (26th request)
Jul 1 2010Extension of time granted
Good cause appearing, counsel's request for an extension of time in which to file the appellant's reply brief is granted to September 7, 2010. The court anticipates that after that date, only two further extensions totaling about 90 additional days will be granted. Counsel is ordered to inform his or her supervising attorney, if any, of this schedule, and to take all steps necessary to meet it.
Aug 31 2010Request for extension of time filed
to file appellant's reply brief. (27th request)
Sep 7 2010Extension of time granted
Good cause appearing, counsel's request for an extension of time in which to file the appellant's reply brief is granted to November 8, 2010. The court anticipates that after that date, only one further extension totaling about 30 additional days will be granted. Counsel is ordered to inform his or her assisting attorney or entity, if any, and any assisting attorney or entity of any separate counsel of record, of this schedule, and to take all steps necessary to meet it.
Nov 1 2010Request for extension of time filed
to file appellant's opening brief. (28th request)
Nov 10 2010Extension of time granted
Good cause appearing, and based upon counsel Joseph E. Chabot's representation that he anticipates filing the appellant's reply brief by December 8, 2010, counsel's request for an extension of time in which to file that brief is granted to December 8, 2010. After that date, no further extension will be granted.
Dec 8 2010Appellant's reply brief filed
Defendant and Appellant: Sergio Dujuan NelsonAttorney: Office of the State Public Defender-SF (30, 321 words; 119 pp.)
Jun 6 2012Change of contact information filed for:
Office of the State Public Defender.
Jun 26 2014Exhibit(s) lodged
trial exhibits from the superior court.
Jul 17 2014Exhibit(s) lodged
trial exhibits from the superior court.
Mar 7 2016Oral argument letter sent
to counsel advising that the court could schedule this case for argument as early as the May calendar, to be held the week of May 2, 2016, in San Francisco. The court requests that counsel advise the court and opposing counsel by letter of those issues on which counsel expects to focus the argument. The focus letter should identify the subject of their argument with a short statement of the issue (e.g., the argument heading from the briefs) and the number or letter representing the argument in their briefs. The focus letter should not contain any additional argument, citations to authorities, etc. A party's specification of focus issues will not limit counsel's argument or constrain the court from addressing at oral argument or in its opinion any issue properly raised in the case. If a party wishes to bring to the court's attention new authorities, new legislation, or other matters that were not available in time to be included in the party's brief on the merits, the party must comply with rules 8.630(d) and 8.520(d). The focus letter, notification that two counsel are required, and any request for oral argument time in excess of 30 minutes must be submitted to the court and served on opposing counsel within 10 days after the order setting the case for argument is filed.
May 4 2016Case ordered on calendar
to be argued on Friday, May 27, 2016, at 9:00 a.m., in San Francisco.
May 13 2016Filed:
respondent's focus issues letter, dated May 12, 2016.
May 13 2016Filed:
appellant's focus issues letter, dated May 12, 2016.
May 13 2016Filed:
appellant's amended focus issues letter, dated May 13, 2016.
May 17 2016Filed:
appellant's additional authorities letter, dated May 16, 2016
May 27 2016Cause argued and submitted
Jun 30 2016Related habeas corpus petition filed (concurrent)
case no. S235571
Aug 15 2016Opinion filed: Conviction & special circumstances affirmed, penalty reversed
For the reasons above, we reverse the lying-in-wait special-circumstance and penalty judgment, and otherwise affirm the convictions. Majority Opinion by Liu, J. -----joined by Cantil-Sakauye, C. J., Werdegar, Cuéllar, and Kruger, JJ. Concurring and Dissenting Opinion by Corrigan, J. -----joined by Chin, J.
Aug 30 2016Rehearing petition filed
Defendant and Appellant: Sergio Dujuan NelsonAttorney: Office of the State Public Defender-SF (862 words; 6 pp.)
Sep 1 2016Time extended to consider modification or rehearing
The time for granting or denying rehearing in the above-entitled case is hereby extended to and including November 13, 2016, or the date upon which rehearing is either granted or denied, whichever occurs first.
Sep 6 2016Filed:
by appellant, Notice of Errata and (copy of) Petition for Rehearing
Sep 21 2016Rehearing denied; opinion modified
THE COURT: The majority opinion and the concurring and dissenting opinion in this matter filed on August 15, 2016, are modified as follows, and the petition for rehearing filed on August 30, 2016, is denied: On page 2 of the majority opinion, in the sentence beginning "Nelson parked his bicycle, " the phrase "firing additional shots into the car" is replaced by the phrase "firing again into the car." On page 5 of the majority opinion, in the sentence beginning "Nelson walked back to the car, " the phrase "fired two or three more rounds into it" is replaced by the phrase "fired again into it." On pages 35 to 36 of the majority opinion, in the sentence beginning "To summarize, " the phrase "firing additional shots into the vehicle" is replaced by the phrase "firing again into the vehicle." On page 44 of the majority opinion, in the sentence beginning "After ensuring his victims were dead, " the word "them" is deleted. On page 2 of Justice Corrigan's separate opinion, in the sentence beginning "We also know from the testimony, " the phrase "returning to the car to shoot several more times" is replaced by the phrase "returning to the car to shoot again." These modifications do not change the judgment.
Sep 21 2016Remittitur issued

Briefs
May 16 2005Appellant's opening brief filed
Dec 8 2010Appellant's reply brief filed
Defendant and Appellant: Sergio Dujuan NelsonAttorney: Office of the State Public Defender-SF
Apr 17 2006Respondent's brief filed
If you'd like to submit a brief document to be included for this opinion, please submit an e-mail to the SCOCAL website