People v. Brown

Filed 10/29/03

IN THE SUPREME COURT OF CALIFORNIA


THE PEOPLE,
Plaintiff and Respondent, )
S026700
v.
ANDREW LAMONT BROWN,
Riverside County
Super. Ct. No. CR-31401
Defendant and Appellant. )
__________________________________)

BY THE COURT:

MODIFICATION OF OPINION
The opinion in this case, filed on August 11, 2003 and appearing at 31
Cal.4th 518, is modified as follows:
On page 542, in the first full paragraph on that page, the second sentence
and the case citation following the sentence are deleted. In the third sentence in
that paragraph, delete the first four words and substitute "Defendant's." Delete the
case citation following that sentence and substitute "(People v. Dennis (1998) 17
Cal.4th 468, 529.)." Delete the final sentence in the paragraph.
This modification does not affect the judgment.


Opinion Information
Date: Docket Number:
Wed, 10/29/2003 S026700M
Parties
1 Brown, Andrew Lamont (Appellant)
San Quentin State Prison
Represented by Federal Public Defender - La
Linda Griffis, Deputy Federal Public Defender
321 East Second Street
Los Angeles, CA
2 The People (Respondent)
Represented by Attorney General - San Diego Office
David Delgado-Rucci, Deputy Attorney General
P.O. Box 85266
San Diego, CA
Disposition
Aug 11 2003 Opinion: Affirmed
Dockets
May 14 1992 Judgment of death
May 19 1992 Filed certified copy of Judgment of Death Rendered
5-14-92.
Jan 7 1997 Counsel appointment order filed
Ronald S. Smith Is appointed to represent Applt on His Automatic Appeal, Including Any Related Habeas Proceedings.
Feb 14 1997 Application for Extension of Time filed
By Applt to request correction of the Record.
Feb 26 1997 Extension of Time application Granted
To April 21,1997 To request Record correction
Apr 18 1997 Application for Extension of Time filed
By Applt to request correction of the Record.
Apr 23 1997 Extension of Time application Granted
To Applt To 6-20-97 To request Corr. of Record.
Jun 20 1997 Application for Extension of Time filed
By Applt to request correction of the Record.
Jun 26 1997 Extension of Time application Granted
To Applt To 8-19-97 To request Corr. of Record.
Jul 23 1997 Compensation awarded counsel
Aug 19 1997 Application for Extension of Time filed
By Applt to request correction of the Record.
Aug 21 1997 Extension of Time application Granted
To Applt To 10-20-97 To request Corr. of Record.
Oct 20 1997 Application for Extension of Time filed
By Applt to request correction of the Record.
Oct 22 1997 Extension of Time application Granted
To December 22, 1997 To request Record correction.
Dec 22 1997 Application for Extension of Time filed
By Applt to request correction of the Record.
Jan 8 1998 Extension of Time application Granted
To February 20,1998 To request Record correction no further Extensions of time will be Granted.
Feb 9 1998 Compensation awarded counsel
Mar 3 1998 Received:
Copy of Applt's request for correction of Record & Applic. for Augmentation (32 Pp.)
Mar 11 1998 Compensation awarded counsel
May 27 1998 Record on appeal filed
C-18 (4,399 Pp.) and R-53 (7,533 Pp.); Clerk's Transcript includes 2,814 pages of Juror Questionnaires.
May 27 1998 Appellant's opening brief letter sent, due:
7-6-98.
Jun 5 1998 Compensation awarded counsel
Jun 17 1998 Compensation awarded counsel
Jul 6 1998 Application for Extension of Time filed
To file Aob.
Jul 8 1998 Extension of Time application Granted
To 9-4-98 To file AOB
Aug 26 1998 Compensation awarded counsel
Sep 4 1998 Application for Extension of Time filed
To file Aob.
Sep 9 1998 Extension of Time application Granted
To 11-6-98 To file AOB
Nov 6 1998 Application for Extension of Time filed
To file Aob.
Nov 13 1998 Extension of Time application Granted
To 1-5-99 To file Aob.
Jan 5 1999 Application for Extension of Time filed
To file Aob.
Jan 6 1999 Extension of Time application Granted
To 3-8-99 To file AOB
Mar 8 1999 Application for Extension of Time filed
To file Aob.
Mar 18 1999 Extension of Time application Granted
To 5-7-99 To file Aob.
May 6 1999 Application for Extension of Time filed
To file Aob.
May 12 1999 Extension of Time application Granted
To 7-6-99 To file AOB
Jul 6 1999 Application for Extension of Time filed
To file Aob.
Jul 12 1999 Extension of Time application Granted
To 9-7-99 To file AOB no further Extensions of time Are Contemplated.
Sep 7 1999 Application for Extension of Time filed
To file Aob.
Sep 15 1999 Extension of Time application Granted
To 11/8/99 To file Aob. no further Extensions of time will be Granted.
Nov 8 1999 Application for Extension of Time filed
To file Aob.
Nov 18 1999 Extension of Time application Denied
To file Aob.
Jan 3 2000 Filed:
Appl for Relief from Default, request for Perm. to file Aob. (AOB submitted Under Separate Cover)
Jan 7 2000 Order filed:
Applt's Application for Relief from Default to file AOB Is Granted.
Jan 7 2000 Appellant's opening brief filed
(279 Pps.)
Jan 21 2000 Filed:
Confidential Declaration of Atty Ronald S. Smith.
Jan 24 2000 Compensation awarded counsel
Atty Smith
Jan 28 2000 Application for Extension of Time filed
To file Resp's brief.
Feb 4 2000 Extension of Time application Granted
To 4/7/2000 To file Resp's brief.
Mar 31 2000 Application for Extension of Time filed
To file Resp's brief.
Apr 7 2000 Extension of Time application Granted
To 6/6/2000 To file Resp's brief.
Jun 5 2000 Application for Extension of Time filed
To file Resp's brief.
Jun 8 2000 Change of Address filed for:
Aplt
Jun 12 2000 Extension of Time application Granted
To 8/6/2000 To file Resp's brief.
Jul 14 2000 Counsel's status report received (confidential)
Aug 2 2000 Application for Extension of Time filed
to file resp's brief. (fourth request)
Aug 7 2000 Extension of Time application Granted
to 10-5-2000 to file resp's brief.
Sep 18 2000 Counsel's status report received (confidential)
Sep 19 2000 Compensation awarded counsel
Atty Smith
Oct 4 2000 Application for Extension of Time filed
To file resp's brief. (5th request)
Oct 11 2000 Extension of Time application Granted
To 10/23/2000 to file resp's brief.
Oct 18 2000 Respondent's brief filed
(187 pages)
Nov 8 2000 Application for Extension of Time filed
To file reply brief (1st request)
Nov 15 2000 Extension of Time application Granted
To 1/8/2001 to file reply brief.
Nov 17 2000 Counsel's status report received (confidential)
Jan 9 2001 Application for Extension of Time filed
To file reply brief. (2nd request)
Jan 18 2001 Extension of Time application Granted
To 3/9/2001 to file reply brief.
Jan 22 2001 Counsel's status report received (confidential)
Jan 30 2001 Compensation awarded counsel
Atty Smith
Mar 7 2001 Counsel's status report received (confidential)
Mar 12 2001 Application for Extension of Time filed
To file Reply Brief (3rd request).
Mar 16 2001 Extension of Time application Granted
To 5/8/2001 to file reply brief.
May 9 2001 Application for Extension of Time filed
To file reply brief. (4th request)
May 9 2001 Counsel's status report received (confidential)
May 11 2001 Extension of Time application Granted
To 7/9/2001 to file reply brief. No further extensions are contemplated.
Jul 9 2001 Application for Extension of Time filed
To file reply brief. (5th request)
Jul 9 2001 Counsel's status report received (confidential)
Jul 13 2001 Extension of Time application Granted
To 9/7/2001 to file reply brief. No further extensions of time will be granted.
Aug 9 2001 Counsel's status report received (confidential)
Sep 4 2001 Counsel's status report received (confidential)
Sep 7 2001 Application for Extension of Time filed
To file reply brief. (6th request)
Sep 13 2001 Extension of Time application Denied
To file reply brief.
Oct 22 2001 Application for relief from default filed
to file reply brief. (81 pp. reply brief submitted under separate cover)
Oct 25 2001 Counsel's status report received (confidential)
Oct 29 2001 Order filed:
Applt.'s application for relief from default to file reply brief is granted.
Oct 29 2001 Appellant's Reply Brief filed. (81 pp.)
Nov 26 2001 Counsel's status report received (confidential)
Nov 28 2001 Compensation awarded counsel
Atty Smith
Jan 25 2002 Counsel's status report received (confidential)
Apr 9 2002 Counsel's status report received (confidential)
Jun 17 2002 Counsel's status report received (confidential)
Sep 20 2002 Counsel's status report received (confidential)
Dec 6 2002 Counsel's status report received (confidential)
Feb 24 2003 Exhibits lodged
Court's Exhibit #6 received from Riverside County Superior Court.
Apr 8 2003 Oral argument letter sent
advising counsel that case could be scheduled for oral argument as early as late May calendar, to be held in San Francisco the week of May 27, 2003. Any request for additional time to argue, 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.
Apr 30 2003 Case ordered on calendar
6-3-03, 2pm, L.A.
May 12 2003 Filed letter from:
Appellant's counsel, dated 5/8/2003, re focus issues for oral argument and requesting 45 minutes for argument.
May 15 2003 Order filed
The request of appellant for 45 minutes for oral argument is granted.
May 28 2003 Filed letter from:
Respondent's counsel, dated 5/23/2003, re focus issues for oral argument.
Jun 3 2003 Cause argued and submitted
Jun 18 2003 Compensation awarded counsel
Atty Smith
Jul 25 2003 Counsel's status report received (confidential)
Aug 11 2003 Opinion filed: Judgment affirmed in full
Majority Opinion by Werdegar, J. -- joined by George C.J., Kennard, Baxter, Chin, Brown & Moreno JJ.
Aug 25 2003 Rehearing petition filed
by appellant. (30 pp.)
Aug 27 2003 Time extended to consider modification or rehearing
The time for granting or denying rehearing is extended to and including 11-7-2003, or the date upon which rehearing is either granted or denied, whichever occurs first.
Oct 29 2003 Rehearing denied
On the court's own motion the opinion is modified. Petition for rehearing DENIED.
Oct 29 2003 Opinion modified - no change in judgment
Oct 29 2003 Remittitur issued (AA)
Nov 6 2003 Received:
receipt for remittitur.
Nov 14 2003 Counsel's status report received (confidential)
Nov 14 2003 Filed:
Declaration of attorney Ronald S. Smith regarding progress payment (confidential).
Nov 25 2003 Compensation awarded counsel
Atty Smith
Dec 10 2003 Exhibit(s) returned
to superior court.
Dec 12 2003 Order filed (150 day statement)
Dec 17 2003 Compensation awarded counsel
Atty Smith
Dec 19 2003 Received:
received acknowledgment of receipt of exhibit from superior court.
Jan 26 2004 Received:
Copy of appellant's cert petition. (22 pp. - excluding appendices)
Jan 30 2004 Received letter from:
U.S.S.C. dated 1-26-2004, advising cert petition was filed on 1-22-2004, case no. 03-8557.
Mar 15 2004 Received:
copy of appellant's supplemental brief filed in U.S.S.C. (9 pp.)
Mar 17 2004 Counsel's status report received (confidential)
May 24 2004 Certiorari denied by U.S. Supreme Court
Jun 17 2004 Related habeas corpus petition filed (post-judgment)
No. S125670
Jun 17 2004 Counsel's status report received (confidential)
Jun 21 2004 Filed:
Declaration of attorney Ronald S. Smith (confidential).
Jun 23 2004 Compensation awarded counsel
Atty Smith
Aug 26 2005 Motion to withdraw as counsel filed
by attorney Ronald S. Smith, to withdraw as direct appeal and habeas corpus counsel.
Aug 26 2005 Motion for appointment of counsel filed
by Federal Public Defender - LA.
Aug 26 2005 Related habeas corpus petition filed (post-judgment)
No. S136785
Sep 6 2005 Filed:
Amended application for appointment of the Federal Public Defender - LA as counsel of record.
Sep 6 2005 Filed:
Supplemental proof of service of motion to withdraw as counsel of record.
Sep 9 2005 Filed:
Supplement to amended application for appointment of Federal Public Defender as counsel of record.
Sep 21 2005 Withdrawal of counsel allowed by order
Good cause appearing, the application of appointed counsel for permission to withdraw as attorney of record for condemned prisoner Andrew Lamont Brown, filed August 26, 2005, is granted. The order appointing Ronald S. Smith as counsel of record for condemned prisoner Andrew Lamont Brown, filed January 7, 1997, is hereby vacated. The Federal Public Defender for the Central District of California is hereby appointed as attorney of record for condemned prisoner Andrew Lamont Brown. Counsel is appointed for purposes of all postconviction proceedings in this court, and for subsequent proceedings, including the preparation and filing of a petition for clemency with the Governor of California, as appropriate. George, C.J., was absent and did not participate.
Briefs
Jan 7 2000 Appellant's opening brief filed
Oct 18 2000 Respondent's brief filed
Oct 29 2001 Appellant's Reply Brief filed. (81 pp.)

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