Citation 51 Cal. 4th 1292, 254 P.3d 249, 127 Cal. Rptr. 3d 200
People v. Castaneda
Automatic appeal from a judgment of death.
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.
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.
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 |
Parties
| 1 |
Castaneda, Gabriel (Appellant) San Quentin State Prison Represented by John L. Staley Attorney at Law 11770 Bernardo Plaza Court, Suite 305 San Diego, CA |
| 2 |
The People (Respondent) Represented by Attorney General - San Diego Office Marvin E. Mizell, Deputy Attorney General P.O. Box 85266 San Diego, CA |
| 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.
