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, 11/12/2003 S032832M
Parties
1 Martinez, Omar Fuentes (Appellant)
San Quentin State Prison
Represented by Kathy Rose Moreno
Attorney at Law
P. O. Box 9006
Berkeley, CA
2 The People (Respondent)
Represented by Attorney General - San Diego Office
Ivy Fitzpatrick, Deputy Attorney General
P.O. Box 85266
San Diego, CA
Disposition
Aug 18 2003 Opinion: Affirmed
Dockets
May 10 1993 Judgment of death
May 17 1993 Filed certified copy of Judgment of Death Rendered
5-10-93.
Aug 23 1993 Application for Extension of Time filed
By Court Reporters to Complete R.T.
Aug 27 1993 Filed:
Suppl Affidavit of Court Reporters requesting Relief from Default.
Aug 31 1993 Order 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 1998 Counsel 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 1998 Compensation awarded counsel
Apr 24 1998 Application for Extension of Time filed
By Applt to request correction of the Record.
Apr 27 1998 Extension of Time application Granted
To Applt To 6-29-98 To request Corr. of Record.
Jun 16 1998 Extension of Time application Granted
To 7-29-98 To request Record correction
Jun 22 1998 Filed:
Request by Counsel for Dual representation appointment (received on 3-5-98).
Jun 22 1998 Filed:
Request by Inmate for Dual representation (received on 3-5-98).
Jul 24 1998 Application for Extension of Time filed
By Applt to request correction of the Record.
Jul 28 1998 Extension of Time application Granted
To Applt To 8-28-98 To request Corr. of Record.
Aug 27 1998 Received:
Copy of Applt's request to correct, Augment & Settle Record (19 Pp.)
Jan 13 1999 Compensation awarded counsel
Apr 28 1999 Compensation awarded counsel
Jul 2 1999 Record 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 1999 Appellant's opening brief letter sent, due:
8-11-99.
Jul 7 1999 Compensation awarded counsel
Aug 10 1999 Application for Extension of Time filed
To file Aob.
Aug 13 1999 Extension of Time application Granted
To 10-12-99 To file AOB
Oct 6 1999 Application for Extension of Time filed
To file Aob.
Oct 7 1999 Extension of Time application Granted
To 12/13/99 To file Aob.
Oct 21 1999 Change of Address filed for:
Atty. Kathy Chavez
Dec 10 1999 Application for Extension of Time filed
To file Aob.
Dec 15 1999 Extension of Time application Granted
To 2/14/2000 To file Aob.
Feb 14 2000 Application for Extension of Time filed
To file Aob.
Feb 18 2000 Extension of Time application Granted
To 4/14/2000 To file Aob.
Apr 13 2000 Application for Extension of Time filed
To file Aob.
Apr 18 2000 Extension of Time application Granted
To 6/13/2000 To file Aob.
Jun 15 2000 Application for Extension of Time filed
To file Aob.
Jun 21 2000 Filed:
Suppl Applic for Eot to file Aob.
Jun 26 2000 Extension of Time application Granted
To 8/14/2000 To file Aob.
Aug 9 2000 Counsel's status report received (confidential)
Aug 9 2000 Application for Extension of Time filed
To file AOB. (7th request)
Aug 11 2000 Extension of Time application Granted
To 10/13/2000 to file AOB.
Oct 16 2000 Application for Extension of Time filed
To file AOB. (8th request)
Oct 16 2000 Counsel's status report received (confidential)
Oct 17 2000 Compensation awarded counsel
Atty Chavez
Oct 20 2000 Extension of Time application Granted
To 12/12/2000 to file AOB. No further ext. of time are contemplated
Dec 7 2000 Application for Extension of Time filed
To file AOB. (9th request)
Dec 12 2000 Extension of Time application Granted
To 2/5/2001 to file AOB. No further ext. of time will be granted.
Dec 15 2000 Counsel's status report received (confidential)
from atty Chavez.
Feb 5 2001 Appellant's opening brief filed
(278 pages)
Feb 13 2001 Counsel's status report received (confidential)
Feb 14 2001 Compensation awarded counsel
Atty Chavez
Mar 7 2001 Application for Extension of Time filed
to file resp's brief. (1st request)
Mar 9 2001 Extension of Time application Granted
to 5/7/2001 to file resp's brief.
Apr 10 2001 Counsel's status report received (confidential)
Apr 30 2001 Application for Extension of Time filed
to file resp's brief. (2nd request)
May 11 2001 Filed:
Suppl. declaration of service for application for extension of time to file resp.'s brief.
May 21 2001 Extension of Time application Granted
To 7/6/2001 to file respondent's brief.
Jun 18 2001 Counsel's status report received (confidential)
Jun 29 2001 Application for Extension of Time filed
to file respondent's brief. (3rd request)
Jul 10 2001 Extension of Time application Granted
To 9/4/2001 to file resp.'s brief. No further extensions of time are contemplated.
Aug 16 2001 Counsel's status report received (confidential)
Aug 29 2001 Application for Extension of Time filed
to file resp's brief. (4th request)
Sep 4 2001 Extension of Time application Granted
To 11/2/2001 to file resp.'s brief. No further extensions of time will be granted.
Nov 2 2001 Extension 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 2001 Counsel's status report received (confidential)
Jan 2 2002 Respondent's brief filed
(2 vols. - 257pp.)
Jan 18 2002 Request for extension of time filed
to file reply brief. (1st request)
Jan 28 2002 Extension of time granted
To 3/25/2002 to file reply brief.
Feb 7 2002 Counsel's status report received (confidential)
Mar 28 2002 Request for extension of time filed
to file reply brief. (2nd request)
Apr 4 2002 Extension 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 2002 Filed:
Notice of errata to resp.'s brief.
Apr 11 2002 Counsel's status report received (confidential)
from atty Chavez.
Apr 12 2002 Filed:
Declaration of atty. Kathy M. Chavez - confidential.
Apr 16 2002 Compensation awarded counsel
Atty Chavez
Jun 3 2002 Appellant's reply brief filed
(140 pp.) (filed pursuant to Rule 40(k))
Jun 7 2002 Application filed to:
File suppl. AOB. (9 pp. suppl. AOB submitted under separate cover)
Jun 10 2002 Counsel's status report received (confidential)
Jun 19 2002 Order 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 2002 Filed:
Supplemental appellant's opening brief. (9 pp.)
Jul 19 2002 Filed:
Supplemental respondent's brief. (37 pp.)
Aug 7 2002 Counsel's status report received (confidential)
Aug 8 2002 Filed:
applt's application for leave to file supplemental reply brief.
Aug 8 2002 Filed:
appellant's supplemental reply brief. (21 pp.)
Aug 29 2002 Compensation awarded counsel
Atty Chavez
Sep 5 2002 Counsel's status report received (confidential)
Sep 25 2002 Compensation awarded counsel
Atty Chavez
Oct 23 2002 Habeas funds request filed (confidential)
Oct 29 2002 Received letter from:
applt, dated 10-25-2002, regarding clarification of presumptively timely due date for habeas corpus petition.
Nov 4 2002 Counsel's status report received (confidential)
Nov 13 2002 Order filed re habeas funds request (confidential)
Nov 20 2002 Order 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 2002 Exhibits lodged
People's #1 (from superior court case no. 32643); and trial exhibits, People's nos. 3, 55, 56, and 57.
Dec 13 2002 Related habeas corpus petition filed (concurrent)
(No. S112103)
Mar 17 2003 Oral 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 2003 Received letter from:
Appellant's counsel, dated 3/20/2003, requesting case be placed on the May 27 calendar.
Apr 30 2003 Case ordered on calendar
5-27-03, 1:30pm, S.F.
May 5 2003 Filed letter from:
Appellant's counsel, dated 5/1/2003, re focus issues for oral argument.
May 8 2003 Motion to consolidate filed
Motion to consolidate pending appeal and habeas corpus proceedings and issue an order to show cause.
May 12 2003 Filed letter from:
Respondent's counsel, dated 5/7/2003, re focus issues for oral argument.
May 21 2003 Motion 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 2003 Cause argued and submitted
Jun 11 2003 Compensation awarded counsel
Atty Chavez
Aug 18 2003 Opinion 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 2003 Rehearing petition filed
by appellant. (22 pp. - pursuant to rule 40(k))
Sep 4 2003 Time extended to consider modification or rehearing
to and including November 17, 2003
Nov 12 2003 Opinion modified - no change in judgment
Nov 12 2003 Rehearing denied
Opinion modified. Kennard, J., is of the opinion the petition should be granted.
Nov 12 2003 Remittitur issued (AA)
Nov 14 2003 Exhibit(s) returned
to superior court.
Nov 14 2003 Order filed (150 day statement)
Nov 20 2003 Received:
receipt for remittitur.
Dec 12 2003 Received:
Acknowledgment of receipt of exhibits.
Feb 17 2004 Received letter from:
U.S.S.C., dated 2/10/2004, advising cert petition filed as No. 03-8809.
Apr 9 2004 Received:
copy of respondent's brief in opposition to cert petition.
May 24 2004 Certiorari denied by U.S. Supreme Court
Feb 24 2006 Related habeas corpus petition filed (post-judgment)
No. S141480
Briefs
Feb 5 2001 Appellant's opening brief filed
Jan 2 2002 Respondent's brief filed
Jun 3 2002 Appellant's reply brief filed

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