Stanford Law School - Robert Crown Law Library

Filed 11/1/06
IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE,
Plaintiff and Respondent,
S130860
v.
) Ct.App.
6
H022727
FERNANDO DOMINGUEZ,
San
Benito
County
Defendant and Appellant.
Super. Ct. No. CRF99-37033

MODIFICATION OF OPINION
BY THE COURT:
The majority opinion is modified as follows.
The final sentence of the first paragraph on page 1162, which reads “This
issue was not raised in the Court of Appeal and is thus not properly raised in this
court. (People v. Randle (2005) 35 Cal.4th 987, 1001.)” is deleted.
The phrase “Assuming the issue was properly before us” in the first
sentence of the second paragraph on page 1162 is deleted, so the sentence reads:
“We find no prejudicial error.”
This modification does not affect the judgment.

---

Opinion Information

Date:	Docket Number:
Thu, 11/02/2006	S130860M

Disposition
Aug 28 2006	Opinion: Affirmed in part/reversed in part

Dockets
Jan 21 2005	Petition for review filed   by respondent (The People).
Jan 21 2005	Record requested
Jan 25 2005	Received Court of Appeal record   two file jackets/briefs/two accordian files
Jan 28 2005	Answer to petition for review filed   by counsel for appellant (Fernando Dominguez).
Mar 10 2005	Time extended to grant or deny review   to and including April 21, 2005 or the date upon which review is either granted or denied.
Mar 30 2005	Petition for review granted (criminal case)   Petition for review GRANTED. In addition to the issues set forth in the petition for review, the parties are requested to brief the following issue: Did the trial court have a sua sponte duty to instruct the jury pursuant to People v. Mayberry (1975) 15 Cal.3d 143, concerning a reasonable and bona fide belief in the victim's consent to engage in sexual intercourse? Votes: George, C.J., Baxter, Werdegar, Chin, Brown, and Moreno, JJ.
Apr 1 2005	Note:   Records sent to Cal-Coord. Office: CT=2, RT=10, 2 affidavits, 2 w/2 suppl., 3, w/suppl., 4 w/suppl., 6, 7, 8= 2, Pet. for Rehrg., Confid. envelope.
Apr 11 2005	Counsel appointment order filed   Upon request of appellant for appointment of counsel, the Sixth District Appellate Program 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 respondent's opening brief on the merits is filed.
Apr 25 2005	Request for extension of time filed   Counsel for respondent requests extension of time to May 31, 2005, to file the opening brief on the merits.
Apr 28 2005	Extension of time granted   Respondent's time to serve and file the opening brief on the merits is extended to and including May 31, 2005.
May 31 2005	Opening brief on the merits filed   by counsel for resp, (People)
Jun 29 2005	Answer brief on the merits filed   by counsel for aplt. (Dominguez)
Jul 18 2005	Reply brief filed (case fully briefed)   by counsel for resp. (People)
Aug 10 2005	Compensation awarded counsel   Atty Sacher - Sixth District Appellate Program
Mar 9 2006	Letter sent to:   San Benito County Supr. Crt. requesting exhibits (by fax)
May 2 2006	Case ordered on calendar   June 1, 2006, at 9:00 a.m., in San Francisco
May 12 2006	Filed letter from:   Dallas Sacher, counsel for appellant Dominguez, affirming availability for scheduled argument on June 1st, and requesting no further delay of argument due to travel plans on June 2nd.
Jun 1 2006	Cause argued and submitted
Aug 28 2006	Opinion filed: Affirmed in part, reversed in part   and the case is remanded for further proceedings consistent with this opinon. OPINION BY: Werdegar, J. --- joined by: George, C.J., Kennard, Baxter, Chin, Moreno, JJ. CONCURRING OPINION BY : Corrigan, J.
Sep 12 2006	Rehearing petition filed   counsel for aplt. (F. Dominguez)
Sep 13 2006	Time extended to consider modification or rehearing   To November 22, 2006.
Nov 1 2006	Rehearing denied
Nov 1 2006	Opinion modified - no change in judgment
Nov 1 2006	Remittitur issued (criminal case)
Nov 3 2006	Received:   from CA/6, receipt for remittitur
Mar 28 2007	Compensation awarded counsel   Atty Sacher - Sixth District Appellate Program

Briefs
May 31 2005	Opening brief on the merits filed
Jun 29 2005	Answer brief on the merits filed
Jul 18 2005	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