Stanford Law School - Robert Crown Law Library

Filed 8/20/08

IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE,
Plaintiff and Respondent,
S065707
v.
San Bernardino County
TERRANCE CHARLES PAGE,
Super. Ct. No. FBA00246
)

Defendant and Appellant.

THE COURT:
MODIFICATION OF OPINION
The opinion herein, filed on June 26, 2008, and appearing at 44 Cal.4th 1,
is modified as follows: At the end of the first paragraph on page 61, after the
citation to “People v. Mendoza (2007) 42 Cal.4th 686, 707” the following is
added: “see also People v. Stevens (2007) 41 Cal.4th 182, 212; People v. Lewis
(2008) 43 Cal.4th 415, 521.”
This modification does not affect the judgment.

---

Automatic appeal from a judgment of death.

Opinion Information

Date:	Citation:	Docket Number:	Category:	Status:	Cross Referenced Cases:
Wed, 08/20/2008	44 Cal.4th 1 original opinion 44 Cal. 4th 1031 a modification	S065707M	Automatic Appeal	closed; remittitur issued	PAGE (TERRANCE) ON H.C. (S168134)

Disposition
Jun 26 2008	Opinion: Affirmed

Dockets
Oct 31 1997	Judgment of death
Nov 12 1997	Filed certified copy of Judgment of Death Rendered   10-31-97.
Nov 12 1997	Penal Code sections 190.6 et seq. apply to this case
Jan 29 1999	Record certified for completeness   (Note: the Trial Court had Originally certified the Record for Completeness on 7-28-98.)
Oct 30 2001	Filed:   applt's application for appointment of counsel (IFP form).
Nov 1 2001	Order appointing State Public Defender filed   Upon request of appellant for appointment of counsel, the State Public Defender is hereby appointed to represent appellant Terrance Charles Page for the direct appeal in the above automatic appeal now pending in this court.
Nov 9 2001	Date trial court delivered record to appellant's counsel   13,743 pp. record
Dec 6 2001	Received:   notice from superior court regarding length of record: 13,743 pp.
Dec 6 2001	Appellant's opening brief letter sent, due:   7-22-2002.
Dec 28 2001	Counsel's status report received (confidential)   from State P.D.
Feb 26 2002	Received:   copy of superior court order granting applt's request for ext. of time to request correction, augmentation and/or settlement of the record to 5-12-2002.
Feb 27 2002	Counsel's status report received (confidential)   from State P.D.
Apr 29 2002	Counsel's status report received (confidential)   from State P.D.
Jun 28 2002	Counsel's status report received (confidential)   from State P.D.
Jul 30 2002	Request for extension of time filed   To file AOB. (1st request)
Aug 1 2002	Extension of time granted   To 9/20/2002 to file AOB. The court anticipates that after that date, only five further extensions totaling 300 additioanl 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 seprate counsel of record, of this schedule, and to take all steps necessary to meet it.
Aug 26 2002	Counsel's status report received (confidential)   from State P.D.
Sep 24 2002	Request for extension of time filed   To file appellant's opening brief. (2nd request)
Sep 27 2002	Extension of time granted   To 11/19/2002 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 his or her assiting 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.
Oct 25 2002	Counsel's status report received (confidential)   from State P.D.
Nov 15 2002	Request for extension of time filed   to file AOB. (3rd request)
Nov 19 2002	Extension of time granted   to 1-21-2003 to file AOB. The court anticipates that after that date, only 3 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 this schedule.
Nov 22 2002	Received copy of appellant's record correction motion   Motion to Correct and Complete the Record on Appeal. (24 pp.)
Dec 23 2002	Counsel's status report received (confidential)   from State P.D.
Jan 14 2003	Request for extension of time filed   to file appellant's opening brief. (4th request)
Jan 21 2003	Extension of time granted   to 3/24/2003 to file appellant's opening brief. The court anticiptes that after that date, only two further extensions totaling 120 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.
Feb 24 2003	Counsel's status report received (confidential)   from State P.D.
Mar 19 2003	Request for extension of time filed   to file appellant's opening brief. (5th request)
Mar 24 2003	Extension of time granted   to 5/23/2003 to file appellant's opening brief. The court anticipates that after date, only one further extension totaling 60 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.
Apr 22 2003	Counsel's status report received (confidential)   from State P.D.
May 15 2003	Request for extension of time filed   to file appellant's opening brief. (6th request)
May 20 2003	Extension of time granted   to 7/22/2003 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 or her assisting attorney or entity, if any, and any assisting attorney or entity of any separte counsel of record, of this schedule, and to take all steps necessary to meet it.
May 29 2003	Counsel's status report received (confidential)   (supplemental) from State P.D.
Jun 12 2003	Record certified for accuracy
Jun 23 2003	Counsel's status report received (confidential)   from State P.D.
Jul 18 2003	Request for extension of time filed   to file AOB. (7th request)
Jul 23 2003	Extension of time granted   to 9-22-2003 to file AOB. After that date, only two further extensions totaling about 100 additional days will be granted. Extension granted based upon Deputy State P.D. William Hassler's representation that he anticipates filing the brief by 12-30-2003.
Aug 22 2003	Counsel's status report received (confidential)   from State P.D.
Sep 17 2003	Request for extension of time filed   to file appellant's opening brief. (8th request)
Sep 23 2003	Extension of time granted   to 11/21/2003 to file appellant's opening brief. After that date, only one further extension totaling 40 additional days will be granted. Extension is granted based upon Deputy State Public Defender William Hassler's representation that he anticipates filing that brief by 12/31/2003.
Sep 25 2003	Record on appeal filed   Clerk's transcript 37 volumes (8346 pp.) and reporter's transcript 50 volumes (6004 pp.), including material under seal; CD of reporter's transcript and ASCII disk.
Sep 25 2003	Letter sent to:   Counsel advising that record on appeal, certified for accuracy, was filed on 9/25/2003.
Oct 20 2003	Counsel's status report received (confidential)   from State P.D.
Nov 17 2003	Request for extension of time filed   to file appellant's opening brief. (9th request)
Nov 21 2003	Extension of time granted   to 1/20/2004 to fiel appellant's opening brief. After that date, only one further extension totaling 70 additional days will be granted. Extension is granted based upon Deputy State Public Defender William M. Hassler's representation that he antcipates filing that brief by 3/31/2004.
Dec 22 2003	Counsel's status report received (confidential)   from State P.D.
Jan 12 2004	Request for extension of time filed   to file appellant's opening brief. (10th request)
Jan 14 2004	Extension of time granted   to 4/1/1004 to file appellant's opening brief. After that date, no further extension will be granted. Extension is granted based upon Deputy State Public Defender William Hassler's representation that he anticipates filing that brief by 3/31/2004.
Feb 19 2004	Counsel's status report received (confidential)   from State P.D.
Apr 1 2004	Appellant's opening brief filed   (44,904 words - 150 pp.)
Apr 5 2004	Respondent's brief letter sent; due:   September 28, 2004.
Sep 28 2004	Respondent's brief filed   (30,377 words; 102 pp.)
Nov 18 2004	Appellant's reply brief filed   (9306 words; 36 pp.)
Dec 12 2006	Exhibit(s) lodged   People's, nos. 8, 9, 10 and 11.
Aug 8 2007	Exhibit(s) lodged   Defendant's nos. 22-29.
Jan 25 2008	Oral argument letter sent   advising counsel that the court could schedule this case for argument as early as the March 2008 calendar, to be held the week of March 3, 2008, 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.
Mar 4 2008	Case ordered on calendar   to be argued on Wednesday, April 2, 2008, at 1:30 p.m., in Los Angeles
Mar 10 2008	Received:   appearance sheet from William Hassler, Deputy State Public Defender, indicating 30 minutes for oral argument for appellant.
Mar 14 2008	Filed:   appellant's focus issue letter, dated March 13, 2008.
Mar 14 2008	Received:   letter from appellant, dated March 13, 2008, with additional authority.
Mar 17 2008	Filed:   proof of service of appellant's oral argument focus issue letter upon appellant.
Mar 18 2008	Received:   appearance sheet from Raquel M. Gonzalez, Deputy Attorney General, indicating 30 minutes for oral argument for respondent.
Mar 20 2008	Filed:   respondent's focus issues letter, dated March 20, 2008.
Mar 20 2008	Filed:   declaration of service of appellant's letter re: additional authorities (received on March 14, 2008) upon appellant.
Mar 26 2008	Received:   letter from Deputy Attorney General Holly D. Wilkens, dated March 24, 2008, advising that she will be representing respondent at oral argument.
Apr 2 2008	Cause argued and submitted
Jun 25 2008	Notice of forthcoming opinion posted
Jun 26 2008	Opinion filed: Judgment affirmed in full   opinion by George, C.J. -----joined by Kennard, Baxter, Werdegar, Chin, Moreno, and Corrigan, JJ
Jul 11 2008	Motion to withdraw as counsel filed   by the State Public Defender.
Jul 11 2008	Rehearing petition filed   by appellant, (784 words; 5 pp.)
Jul 14 2008	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 September 24, 2008, or the date upon which rehearing is either granted or denied, whichever occurs first.
Aug 1 2008	Motion for appointment of counsel filed   by William Hassler, Attorney at Law.
Aug 13 2008	Withdrawal of counsel allowed by order   Good cause appearing, the application of appointed counsel for permission to withdraw as attorney of record for appellant Terrance Charles Page, filed July 11, 2008, is granted. The order appointing the State Public Defender as appellate counsel of record for appellant Terrance Charles Page, filed November 1, 2001, is hereby vacated. William Hassler is hereby appointed as counsel of record to represent appellant Terrance Charles Page for the direct appeal in the above automatic appeal now pending in this court.
Aug 20 2008	Rehearing denied   On the Court's own motion, the opinion is modified. The petition for rehearing is denied.
Aug 20 2008	Opinion modified - no change in judgment
Aug 20 2008	Remittitur issued (AA)
Aug 22 2008	Received:   from appellant, copy of motion for leave to proceed in forma pauperis on petition for writ of certiorari. (15 pp. excluding appendices)
Aug 25 2008	Received:   acknowledgment for receipt of remittitur.
Aug 25 2008	Exhibit(s) returned   to superior court.
Aug 29 2008	Received:   Letter from U.S.S.C. dated August 27, 2008. Petition for Writ of Certiorari was filed on August 21, 2008, no. 08-5989.
Sep 10 2008	Received:   exhibits sent to trial court, returned to this court in error.
Sep 10 2008	Exhibit(s) returned   to superior court.
Sep 17 2008	Received:   acknowlegment of receipt of exhibits.
Sep 29 2008	Received:   from respondent "brief in opposition to the petition for writ of certiorari"
Nov 3 2008	Certiorari denied by U.S. Supreme Court
Nov 7 2008	Related habeas corpus petition filed (post-judgment)   no. S168134.
Dec 5 2008	Appellant deceased (AA)   Page died at San Quentin this date.
Dec 9 2008	Note:   received telephonic notification from Senior Asst. Attorney General Ronald Matthias of Terrance Page's death.
Dec 18 2008	Compensation awarded counsel   Atty Hassler
Jan 14 2009	Compensation awarded counsel   Atty Hassler

Briefs
Apr 1 2004	Appellant's opening brief filed
Sep 28 2004	Respondent's brief filed
Nov 18 2004	Appellant's reply 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