Citation 43 Cal. 4th 1205, 185 P.3d 708, 78 Cal. Rptr. 3d 272
Alcala v. Super. Ct.
Petition for review after the Court of Appeal granted in part and denied in part a petition for peremptory writ of mandate. This case presents the following issues: (1) Was consolidation of four newly alleged homicides in Los Angeles County with the retrial of a homicide in Orange County authorized by Penal Code section 790, subdivision (b)? (2) Did the Court of Appeal err in directing that two of the four Los Angeles County homicide prosecutions be severed?
Filed 6/18/08
IN THE SUPREME COURT OF CALIFORNIA
RODNEY JAMES ALCALA,
Petitioner,
S150806
v.
THE SUPERIOR COURT OF
Ct. App. 4/3 No. G036911
ORANGE COUNTY, )
)
Respondent;
) Orange
County
Super. Ct. No. C-42861
THE PEOPLE,
Real Party in Interest.
MODIFICATION OF OPINION
THE COURT:
The opinion in this matter, filed June 12, 2008, is modified as follows.
On page 2, first full paragraph, the second sentence is revised to
read:
“We affirmed on appeal (People v. Alcala (1992) 4 Cal.4th
742 (Alcala II)), but a federal district court set aside that
judgment, and the United States Court of Appeals for the
Ninth Circuit affirmed the federal district court’s judgment.
(Alcala v. Woodford (9th Cir. 2003) 334 F.3d 862.)”
This modification does not effect a change in the judgment.
Opinion Information
| Date: | Citation: | Docket Number: | Category: | Status: |
| Wed, 06/18/2008 | 43 Cal. 4th 1205, 185 P.3d 708, 78 Cal. Rptr. 3d 272 | S150806M | Review - Criminal Original (non-H.C.) | closed; remittitur issued |
Parties
| 1 |
Alcala, Rodney James (Petitioner) 550 North Flower c/o Orange County Jail Santa Ana, CA 92703 Represented by Richard L. Schwartzberg Attorney at Law 601 Van Ness Avenue, Suite E-728 San Francisco, CA |
| 2 |
Alcala, Rodney James (Petitioner) 550 North Flower c/o Orange County Jail Santa Ana, CA 92703 Represented by George A. Peters Attorney at Law 100 Hargis Place Cotter, AR |
| 3 |
Office Of The District Attorney San Joaquin County (Pub/Depublication Requestor) Represented by Kevin Hicks San Joaquin County District Attorney's Office 222 E. Weber Avenue, Suite 202 Stockton, CA |
| 4 |
Superior Court Of Orange County (Respondent) 700 Civic Center Drive West Santa Ana, CA 92701 |
| 5 |
The People (Real Party in Interest) Represented by James J. Mulgrew Orange County District Attorney's Office 401 Civic Center Drive West P.O. Box 808 Santa Ana, CA |
| 6 |
The People (Real Party in Interest) Represented by Attorney General - San Diego Office P.O. Box 85266 P.O. Box 85266 San Diego, CA |
| 7 |
The People (Real Party in Interest) Represented by Brian Neal Gurwitz Orange County District Attorney's Office 401 Civic Center Drive West Santa Ana, CA |
| Disposition | |
| Jun 12 2008 | Opinion: Reversed |
| Dockets | |
| Mar 8 2007 |
Received: premature depub. request, Office of the Dist. Atty, San Joaquin Co. |
| Mar 29 2007 |
Received premature petition for review Rodney James Alcala, appellant Richard Schwartzberg, CAP/appointed |
| Apr 2 2007 | Record requested |
| Apr 2 2007 |
Case start: Petition for review filed Rodney James Alcala, petitioner Richard Schwartzberg, counsel |
| Apr 2 2007 |
Request for depublication (petition for review pending) Office of the Dist. Attorney, San Joaquin Co. (non-party) Kevin Hicks, DDA |
| Apr 4 2007 |
Received Court of Appeal record one file jacket/transcripts |
| Apr 24 2007 |
Answer to petition for review filed The People, Real Party in Interest Brian N. Gurwitz, Senior Deputy District Attorney (CRC 8.25b) |
| May 23 2007 |
Petition for review granted (criminal case) Votes: George, C. J., Kennard, Baxter, Werdegar, Chin, Moreno and Corrigan, JJ. |
| Jun 8 2007 |
Counsel appointment order filed Upon request of appellant for appointment of counsel, Richard L. Schwartzberg is hereby appointed to represent appellant on the appeal now pending in this court. Appellant's brief on the merits must be served and filed on or before thirty (30) days from the date of this order. |
| Jun 26 2007 |
Request for extension of time filed 30 days until August 7, 2007, to serve and file the opening brief on the merits Rodney J. Alcala, petitioner Richard Schwartzberg, counsel |
| Jun 27 2007 |
Extension of time granted On application of petitioner and good cause appearing, it is ordered that the time to serve and file the petitioner's opening brief on the merits is extended to and including August 7, 2007. No furthur extensions will be granted. |
| Aug 8 2007 |
Opening brief on the merits filed counsel for petnr. (Alcala) (8.25(b)) |
| Aug 29 2007 |
Compensation awarded counsel Atty Schwartzberg |
| Sep 6 2007 |
Answer brief on the merits filed Real Party People Senior Deputy District Attorney James J. Mulgrew |
| Sep 24 2007 |
Reply brief filed (case fully briefed) Rodney J. Alcala, Petitioner by Richard Schwartzberg, counsel |
| Mar 3 2008 |
Filed: Letter dated February 28, 2008, from counsel for Real Party in Interest, regarding oral argument scheduling. Requests not to be on calendar the week of May 5, 2008. |
| Mar 4 2008 |
Case ordered on calendar to be argued on Wednesday, April 2, 2008, at 1:30 p.m., in Los Angeles |
| Apr 2 2008 | Cause argued and submitted |
| Jun 12 2008 |
Opinion filed: Judgment reversed A single trial on all five murder charges may proceed in Orange County. Majority Opinion by George, CJ. joined by Kennard, Baxter, Werdegar, Chin, Moreno, and Corrigan, JJ. |
| Jun 18 2008 | Opinion modified - no change in judgment |
| Jun 18 2008 |
Order filed The opinion is modified on the court's own motion. George, C.J., was absent and did not participate. Werdegar and Corrigan, JJ., were absent and did not participate. |
| Jul 3 2008 |
Order filed The finality of the opinion in the above-entitled case is hereby extended to and including August 8, 2008, or until further order of this court. |
| Jul 9 2008 |
Order filed The order of this court filed on July 3, 2008 extending the finality of the opinion is hereby vacated. |
| Jul 16 2008 | Remittitur issued (criminal case) |
| Jul 16 2008 |
Compensation awarded counsel Atty Schwartzberg |
| Aug 5 2008 |
Received: Receipt for remittitur from the Court of Appeal, Fourth Appellate District, Division three |
| Briefs | |
| Aug 8 2007 |
Opening brief on the merits filed |
| Sep 6 2007 |
Answer brief on the merits filed |
| Sep 24 2007 |
Reply brief filed (case fully briefed) |
If you'd like to submit a brief document to be included for this opinion, please submit an e-mail to the SCOCAL website.
