Stanford Law School - Robert Crown Law Library

Filed 8/17/11

IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE,
S085348
Plaintiff and Respondent,
San Bernardino County
v.
Super. Ct. No. FWV-15543
GABRIEL CASTANEDA,
)
ORDER MODIFYING
Defendant and Appellant.
OPINION

THE COURT:
The opinion herein, filed on June 30, 2011, appearing at 51 Cal.4th 1292, is
modified as follows:
The fourth sentence of the first paragraph on page 1303, commencing with the
words “Their third appointment” and ending with the words “alone in the office,” is
modified to read as follows:
Their third appointment was on Monday, March 9, at 9:30 a.m., when the victim
apparently was alone in the office.
This modification does not affect the judgment.

---

Automatic appeal from a judgment of death.

Opinion Information

Date:	Citation:	Docket Number:	Category:	Status:
Wed, 08/17/2011	51 Cal. 4th 1292, 254 P.3d 249, 127 Cal. Rptr. 3d 200	S085348M	Automatic Appeal	rehearing petition filed

Disposition
Jun 30 2011	Opinion: Affirmed in part/reversed in part

Dockets
Jan 7 2000	Judgment of death
Jan 24 2000	Filed certified copy of Judgment of Death Rendered   01/07/2000.
Jan 24 2000	Penal Code sections 190.6 et seq. apply to this case
Jan 31 2000	Filed:   appellant's application for appointment of counsel (IFP form)
Mar 30 2000	Record certified for completeness
Feb 17 2004	Counsel appointment order filed   appointing John L. Staley to represent appellant for the direct appeal.
Feb 26 2004	Received:   superior court's notice of transmittal of 9,833-page record to applt's counsel on 2-24-2004.
Mar 1 2004	Date trial court delivered record to appellant's counsel   (9,833-page record) (see Calif. Rules of Court, rule 34(e)(1); the date of delivery is the date of mailing plus five days.) (Note: record was sent to counsel on 2-24-2004.)
Mar 1 2004	Appellant's opening brief letter sent, due:   Sept. 27, 2004.
Apr 23 2004	Counsel's status report received (confidential)   from atty Staley.
Jun 4 2004	Received:   copy of appellant's motion to preserve evidence, exhibits, files and other materials (filed in superior court).
Jun 22 2004	Counsel's status report received (confidential)   from atty Staley.
Jun 29 2004	Compensation awarded counsel   Atty Staley
Jul 21 2004	Compensation awarded counsel   Atty Staley
Sep 15 2004	Request for extension of time filed   to file appellant's opening brief. (1st request)
Sep 15 2004	Extension of time granted   to 11/29/2004 to file appellant's opening brief.
Sep 21 2004	Received copy of appellant's record correction motion   Motion to augment, correct and settle the record. (23 pp.)
Nov 10 2004	Compensation awarded counsel   Atty Staley
Nov 15 2004	Record certified for accuracy
Nov 22 2004	Request for extension of time filed   to file appellant's opening brief. (2nd request)
Nov 29 2004	Extension of time granted   to 1/28/2005 to file appellant's opening brief.
Dec 1 2004	Compensation awarded counsel   Atty Staley
Dec 27 2004	Record on appeal filed   Clerk's transcript 25 volumes (6,179 pages) and Report's transcript 21 volumes (3,902 pages), including material under seal; ASCII disks. Clerk's transcript includes 4,666 pp of juror questionnaires.
Dec 27 2004	Letter sent to:   counsel advising that record on appeal, certified for accuracy, was filed this date.
Jan 20 2005	Request for extension of time filed   to file appellant's opening brief. (3rd request)
Jan 24 2005	Extension of time granted   to 3/28/2005 to file appellant's opening brief. The court anticipates that after that date, only six further extensions totaling 360 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.
Mar 9 2005	Compensation awarded counsel   Atty Staley
Mar 14 2005	Counsel's status report received (confidential)   from atty Staley.
Mar 16 2005	Compensation awarded counsel   Atty Staley
Mar 18 2005	Request for extension of time filed   to file appellant's opening brief. (4th request)
Mar 22 2005	Extension of time granted   to 5/27/2005 to file appellant's opening brief. The court anticipates that after that date, only five further extensions totaling 300 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.
May 18 2005	Request for extension of time filed   to file AOB. (5th request)
May 20 2005	Extension of time granted   to 7/26/2005 to file appellant's opening brief. The court anticipates that after that date, only four further extensions totaling about 240 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.
May 23 2005	Filed:   Supplemental proof of service of application for extension of time to file appellant's opening brief.
Jul 8 2005	Compensation awarded counsel   Atty Staley
Jul 18 2005	Counsel's status report received (confidential)   from atty Staley.
Jul 18 2005	Request for extension of time filed   to file appellant's opening brief. (6th request) Counsel to resubmit, declaration under penalty of perjury is deficient, does not indicate where executed.
Jul 20 2005	Compensation awarded counsel   Atty Staley
Aug 1 2005	Filed:   Amended application for extension of time to file appellant's opening brief.
Aug 4 2005	Extension of time granted   to 9/26/2005 to file appellant's opening brief. The court anticipates that after that date, only three further extensions totaling about 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.
Sep 26 2005	Request for extension of time filed   to file appellant's opening brief. (7th requst)
Sep 29 2005	Extension of time granted   to 11/28/2005 to file appellant's oening brief. The court anticipates that after that date, only two further extensions totaling about 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.
Nov 21 2005	Request for extension of time filed   to file appellant's opening brief. (8th request)
Nov 30 2005	Extension of time granted   to 1/24/2006 to file the appellant's opening brief. The court anticipates that after that date, only one further extension totaling about 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
Jan 9 2006	Compensation awarded counsel   Atty Staley
Jan 12 2006	Counsel's status report received (confidential)   from atty Staley.
Jan 18 2006	Compensation awarded counsel   Atty Staley
Jan 23 2006	Request for extension of time filed   to file appellant's opening brief. (9th request)
Feb 3 2006	Filed:   supplemental declaration from counsel regarding filing date for appellant's opening brief.
Feb 7 2006	Extension of time granted   to 3/28/2006 to file the appellant's opening brief. After that date, no further extension is contemplated. Extension is granted based upon counsel John L. Staley's representation that he anticipates filing that brief by 3/28/2006.
Mar 27 2006	Request for extension of time filed   to file appellant's opening brief. (10th request)
Mar 28 2006	Extension of time granted   to April 10, 2006 to file appellant's opening brief. Extension is granted based upon counsel John L. Staley's representation that he anticipates filing that brief by April 10, 2006. After that date, no further extension will be granted.
Apr 7 2006	Request for extension of time filed   to file appellant's opening brief. (11th request)
Apr 13 2006	Extension of time granted   to April 20, 2006 to file the appellant's opening brief. After that date, no further extension will be granted. Extension is granted based upon counsel John L. Staley's representation that he anticipates filing that brief by April 20, 2006.
Apr 20 2006	Received:   AOB. (Note: counsel must submit application to file over-length brief.)
Apr 27 2006	Application to file over-length brief filed   appellant's opening brief. (116,501 brief submitted under separate cover on 4/20/2006)
Apr 28 2006	Order filed   Appellant's "Motion to File an Opening Brief Beyond the Word Count Limit in Rule 36" is granted.
Apr 28 2006	Appellant's opening brief filed   (116,501words; 430 pages in two volumes)
May 1 2006	Respondent's brief letter sent; due:   August 28, 2006.
May 24 2006	Compensation awarded counsel   Atty Staley
Aug 21 2006	Request for extension of time filed   to file respondent's brief. (1st request)
Aug 24 2006	Extension of time granted   to October 27, 2006 to file respondent's brief.
Oct 23 2006	Request for extension of time filed   to file respondent's brief. (2nd request)
Oct 27 2006	Extension of time granted   to December 26, 2006 to file respondent's brief. After that date, only one further extension totaling about 35 additional days is contemplated. Extension is granted based upon Deputy Attorney General Marvin E. Mizell's representation that he anticipates filing that brief by Januray 31, 2007.
Dec 15 2006	Request for extension of time filed   to file respondent's brief. (3rd request)
Dec 20 2006	Extension of time granted   to March 2, 2007 to file respondent's brief. Extension is granted based upon Deputy Attorney General Marvin E. Mizell's representation that he anticipates filing that brief by March 2, 2007. After that date, no further extension is contemplated.
Feb 26 2007	Respondent's brief filed   (56,510 words; 178 pp.)
Feb 26 2007	Note:   appellant's reply brief due April 27, 2007.
Apr 20 2007	Request for extension of time filed   to file appellant's reply brief. (1st request)
Apr 24 2007	Extension of time granted   On application of appellant and good cause appearing, it is ordered that the time to serve and file appellant's reply brief is extended to and including June 26, 2007.
Jun 15 2007	Request for extension of time filed   to file appellant's reply brief. (2nd request)
Jun 25 2007	Filed:   supplemental declaration in support of appellant's extension of time to file appellant's reply brief.
Jun 27 2007	Compensation awarded counsel   Atty Staley
Jun 29 2007	Extension of time granted   to August 27, 2007 to file the appellant's reply brief. After that date, only two further extensions totaling about 120 additional days are contemplated. Extension is granted based upon counsel John L. Staley's representation that he anticipates filing that brief by Decemeber 31, 2007.
Jul 18 2007	Compensation awarded counsel   Atty Staley
Aug 20 2007	Request for extension of time filed   to file appellant's reply brief. (3rd request)
Aug 20 2007	Note:
Aug 27 2007	Filed:   supplemental declaration for 3rd request of extension of time.
Aug 29 2007	Extension of time granted   Good cause appearing, and based upon counsel John L. Staley's representation that he anticipates filing the appellant's reply brief by December 31, 2007, counsel's request for an extension of time in which to file that brief is granted to October 26, 2007. After that date, only one further extension totaling about 66 additional days is contemplated.
Oct 18 2007	Request for extension of time filed   to file appellant's reply brief. (4th request)
Oct 18 2007	Counsel's status report received (confidential)   from atty Staley.
Oct 23 2007	Extension of time granted   Good cause appearing, and based upon counsel John L. Staley's representation that he anticipates filing the appellant's reply brief by the end of December 2007, counsel's request for an extension of time in which to file that brief is granted to December 26, 2007. After that date, no further extension is contemplated.
Oct 25 2007	Compensation awarded counsel   Atty Staley
Nov 15 2007	Compensation awarded counsel   Atty Staley
Dec 24 2007	Request for extension of time filed   to file reply brief. (5th request)
Dec 26 2007	Appellant's reply brief filed   (23,886 words; 93 pp)
Feb 14 2008	Compensation awarded counsel   Atty Staley
Jul 13 2010	Exhibit(s) lodged   from superior court, People's - 2, 3, 4, 11, 12, 13, 14, 15, 16, 17, 18, 22, 26, 30, 37, 38, 62, 63, 64, 65, 75; Defense - 31, 32, 34, 39, 53, 56, 57.
Feb 16 2011	Oral argument letter sent   advising counsel that the court could schedule this case for argument as early as the May calendar, to be held the week of May 2, 2011, 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 9 2011	Case ordered on calendar   to be argued Tuesday, April 5, 2011, at 2:00 p.m., in Los Angeles
Mar 9 2011	Justice pro tempore assigned   Hon. Victoria Gerrard Chaney Second Appellate District, Division One
Mar 17 2011	Received:   appearance sheet from John Staley, Attorney at Law, indicating 30 minutes for oral argument for appellant.
Mar 18 2011	Filed:   respondent's focus issues letter, dated March 16, 2011.
Mar 21 2011	Received:   appearance sheet from Deputy Attorney General Marvin E. Mizell, indicating 30 minutes for oral argument for respondent.
Mar 28 2011	Received:   respondent's additional authorities letter, dated March 24, 2011
Mar 28 2011	Filed:   appellant's focus issues letter, dated March 25, 2011
Apr 5 2011	Cause argued and submitted
Apr 20 2011	Compensation awarded counsel   Atty Staley
May 11 2011	Compensation awarded counsel   Atty Staley
Jun 29 2011	Notice of forthcoming opinion posted   To be filed Thursday, June 30, 2011 at 10 a.m.
Jun 30 2011	Opinion filed: Affirmed in part, reversed in part   We reverse the judgment of conviction for kidnapping, vacate the findings related to kidnapping, and otherwise affirm the judgment. Majority Opinion by Cantil-Sakauye, C.J. ----- joined by Baxter, Werdegar, Chin, Corrigan, JJ., and Chaney (CA 2/1 assigned), JPT. Concurring and Dissenting Opinion by Kennard, J.
Jul 15 2011	Rehearing petition filed Appellant: Castaneda, GabrielAttorney: John L. Staley   (2,047 words; 9 pp.)
Jul 15 2011	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 28, 2011 or the date upon which rehearing is either granted or denied, whichever occurs first.
Jul 18 2011	Filed:   Supplemental Certificate of Word Count for Petition for Rehearing; Declaration of John L. Staley, Attorney at Law.

Briefs
Apr 28 2006	Appellant's opening brief filed
Feb 26 2007	Respondent's brief filed
Dec 26 2007	Appellant's reply brief filed

Brief Downloads
S085348-4-appellants-reply-brief.pdf (4252671 bytes) - Appellants Reply Brief
S085348-3-respondents-brief.pdf (9539732 bytes) - Respondents Brief
S085348-2-appellants-opening-brief-vol2.pdf (1429335 bytes) - Appellants Opening Brief Vol. 2
S085348-1-appellants-opening-brief-vol1.pdf (2360056 bytes) - Appellants Opening Brief Vol. 1

If you'd like to submit a brief document to be included for this opinion, please submit an e-mail to the SCOCAL website