People v. Rells (2000) , 22 Cal.4th 1257a
THE PEOPLE, Plaintiff and Respondent, v. JUANCHO LOPEZ RELLS, Defendant and Appellant.
[Modification of Opinion (22 Cal.4th 860).]
THE COURT:
The opinion herein, appearing at 22 Cal.4th 860, is modified as follows:
The sentence in the second full paragraph on page 868 of 22 Cal.4th that reads, "It triggers a hearing on a defendant's recovery of mental competence," is deleted, and the following sentence is inserted in its place, "It causes the defendant to be returned to court for further proceedings."
This modification does not affect the judgment.
[End of Volume 22 Cal.4th]
Petition for review after the Court of Appeal modified and affirmed a judgment of conviction of criminal offenses. The court limited review to the issue whether the defendant bears the burden of proving continued incompetence to stand trial at a Penal Code section 1372 hearing on restoration of competency.
| Date: | Citation: | Docket Number: | Category: | Status: |
| Wed, 05/24/2000 | 22 Cal.4th 1257 | S080451 | Review - Criminal Appeal | closed; remittitur issued |
| 1 | Rells, Juancho Lopez (Appellant) Represented by Robert Derham Gardner & Derham 1738 Union Street San Francisco, CA |
| 2 | The People (Respondent) Represented by Erika D. Jackson |
| Disposition | |
| May 1 2000 | Opinion: Affirmed |
| Dockets | |
| Jul 9 1999 | Petition for review filed Counsel for App Juancho Lopez Rells Record requested |
| Aug 4 1999 | Note: Record Reordered |
| Aug 6 1999 | Received: CA Record one Doghouse [4"] |
| Aug 16 1999 | Change of Address filed for: Aplt |
| Aug 30 1999 | Time Extended to grant or deny Petition for Review To October 7, 1999 |
| Sep 22 1999 | Petition for review granted; issues limited (criminal case) Appellant's petition granted. The issues to be argued shall be limited to whether the defendant bears the burden of proving continued incompetence to stand trial at a Penal Code Section 1372 restoration of competency hearing. Votes: Mosk, Kennard, Werdegar & Brown JJ. |
| Oct 19 1999 | Counsel appointment order filed Robert Derham for Appellant Juancho L. Rells. App's Opening brief merits Shall be Served & filed on or before 30 Days from the Date of this Order. |
| Nov 18 1999 | Application for Extension of Time filed For Aplt to file the Opening Brf on the merits, asking to 12-18. (Perm Gtd to 12-2 Only, Ord Being Prep) |
| Nov 22 1999 | Extension of Time application Granted Time for filing Aplt's Opening Brf on the merits Ext to 12-2-99 |
| Dec 2 1999 | Opening brief on the merits filed Applnt Rells (Opening) |
| Dec 29 1999 | Application for Extension of Time filed Answer Brf/merits to 1-31-00 Respondent People (granted - to 1/18/99 Order Being Prepared) |
| Jan 7 2000 | Extension of Time application Granted To January 18, 2000, To file Resp's answer brief on the merits. |
| Jan 18 2000 | Answer brief on the merits filed by respondent |
| Jan 20 2000 | Compensation awarded counsel Atty Derham |
| Feb 4 2000 | Case Ordered on Calendar: 3-7-00, 1:30, S.F. |
| Feb 4 2000 | Reply brief filed (case fully briefed) By Appellant |
| Feb 8 2000 | Motion filed (non-AA) Motilon to move oral argument to next session Filed by respondent The People (faxed S.F.) |
| Feb 10 2000 | Letter sent to: Erika D. Jackson, Dag/La, Court has Decided to Retain case on Oral Agument Calendar for 3/7/00. If Unable to appear At Scheduled Time, the Court, Consistent with its Longstanding Policy, Expects Another D.A.G. to be Present and Prepared to Argue this Case. [See J.Rossi's letter] |
| Mar 7 2000 | Cause Called and Argued (not yet submitted) |
| Mar 7 2000 | Submitted by order |
| May 1 2000 | Opinion filed: Judgment affirmed in full Majority Opinion by Mosk, J. -- joined by George C.J., Kennard, Baxter, Werdegar, Chin & Brown JJ. |
| May 24 2000 | Opinion Modified -- no change in judgment Opinion appearing At 22 Cal.4th 860. |
| Jun 1 2000 | Remittitur issued (criminal case) Certified copies sent to Ca2/3 |
| Jun 8 2000 | Received: Receipt for Remittitur from Ca2/3. |
| Jul 12 2000 | Compensation awarded counsel Atty Derham |
| Oct 10 2000 | Certiorari denied by U.S. Supreme Court Received letter from U.S. Supreme Court stating the petition for a writ of certiorari is denied. |
| Briefs | |
| Dec 2 1999 | Opening brief on the merits filed Applnt Rells (Opening) |
| Jan 18 2000 | Answer brief on the merits filed by respondent |
| Feb 4 2000 | Reply brief filed (case fully briefed) By Appellant |
