Supreme Court of California Justia
Citation 44 Cal.4th 93 original opinion 44 Cal.4th 1262a modification
People v. Salcido


Filed 8/27/08

IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE,
Plaintiff and Respondent,
S018814
v.
) San
Mateo
County
RAMON BOJORQUEZ SALCIDO,
Super. Ct. No. C-24541
Defendant and Appellant.

MODIFICATION OF OPINION
THE COURT:
The opinion filed June 30, 2008, and published at 44 Cal.4th 93, is
modified in the following respects:
On page 105, the last sentence of the first full paragraph is modified to
delete the phrase, “and two days prior to the murders, he had that vehicle
repainted.” As modified, the sentence reads: “One month prior to the murders,
defendant traded the Buick for a Ford LTD.”
On page 117, the last sentence of the second full paragraph is modified to
delete the phrase, “the firearm use, knife use, and great-bodily-injury allegations
as well as . . . .” As modified, the sentence reads: The jury found true the
multiple-murder special-circumstance allegation.”
On page 146, the heading of the claim is modified to read: “9. Admission
of evidence suggesting that defendant molested the Richards girls.”
These modifications do not affect the judgment.


Automatic appeal from a judgment of death.

Opinion Information
Date:Citation:Docket Number:Category:Status:Cross Referenced Cases:
Wed, 08/27/200844 Cal.4th 93 original opinion 44 Cal.4th 1262a modificationS018814MAutomatic Appealclosed; remittitur issued

SALCIDO (RAMON B.) ON H.C. (S091159)


Parties
1The People (Respondent)
Represented by Attorney General - San Francisco Office
Ronald S. Matthias, Senior Asst. Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA

2Salcido, Ramon Bojorquez (Appellant)
Represented by Conrad Petermann
Attorney at Law
323 E. Matilija Street, #110, PMB 142
Ojai, CA


Disposition
Jun 30 2008Opinion: Affirmed

Dockets
Dec 17 1990Judgment of death
 
Dec 21 1990Filed certified copy of Judgment of Death Rendered
  December 17, 1990.
Jun 29 1994Counsel appointment order filed
  Upon request of appellant for appointment of counsel, Conrad Petermann, Esq., is hereby appointed to represent appellant on his automatic appeal now pending in this court, including any related habeas proceedings.
Jun 29 1994Compensation awarded counsel
 
Aug 4 1994Application for Extension of Time filed
  By Applt to request correction of Record.
Aug 9 1994Extension of Time application Granted
  To Applt To 10-11-94 To request Corr. of Record.
Oct 11 1994Application for Extension of Time filed
  By Applt to request correction of the Record.
Oct 13 1994Extension of Time application Granted
  To Applt To 12-12-94 To request Corr. of Record.
Dec 5 1994Application for Extension of Time filed
  By Applt to request correction of Record.
Dec 6 1994Extension of Time application Granted
  To Applt To 1-11-95 To request Corr. of Record.
Jan 11 1995Application for Extension of Time filed
  By Applt to request correction of Record.
Jan 13 1995Extension of Time application Granted
  To Applt To 2-10-95 To request Corr. of Record.
Feb 14 1995Received copy of appellant's record correction motion
  appellant's motion to augment record and motion for copy of sealed reporter's transcript. (filed in San Mateo County Superior Court).
Mar 15 1995Compensation awarded counsel
 
Mar 14 1996Compensation awarded counsel
 
Sep 16 1996Record on appeal filed
  C-13 (3,491 Pp.) and R-145 (8,129 Pp.) (Includes Sealed Material); Clerk's Transcript includes 319 pages of Juror Questionnaires.
Sep 16 1996Appellant's opening brief letter sent, due:
  10-28-96.
Sep 19 1996Motion filed
  By Applt for copy of Sealed Hearing Transcripts.
Sep 24 1996Filed:
  (Suppl) Proof of Service of Applt's motion for copy of Sealed Hearing Transcripts.
Oct 30 1996Application for Extension of Time filed
  To file Aob.
Oct 31 1996Extension of Time application Granted
  To 12-27-96 To file Aob.
Dec 30 1996Filed:
  Applic. for Postponement of the briefing Schedule to file Aob.
Jan 6 1997Order filed:
  The application of appellant for postponement of the briefing schedule to file appellant's opening brief, treated here as an application for an extension of time, is granted. The time to serve and file appellant's opening brief is extended to and including 2-25-97.
Feb 19 1997Order filed:
  On motion of the appellant in People v. Ramon Salcido, S018814 (San Mateo County Superior Court No. C-24541), the clerk of this court is directed to forward copies of the transcripts of the following hearings, set forth in nos. 2-7, below, to defense counsel on appeal only, and to forward copies of the transcripts of the hearings set forth in nos. 8-10, below, to both defense counsel and the Attorney General. The requests for documents set forth in item no. 1 is denied without prejudice. 1. The request for copies of minute orders and reporter's transcripts of all hearings conducted pursuant to Penal Code sec. 987.9 in Sonoma County Municipal and Superior Court and in San Mateo County Superior Court and all related defense documents filed in conjunction with those hearings is denied without prejudice to renewal of the motion with greater specificity, including the reporter's transcript page numbers for the hearings conducted pursuant to Penal Code sec. 987.9, the dates of such hearings or proceedings, and the titles of the defense documents sought. 2. Documents including "Sheriff's classification/ Mental Health input records maintained by the Mental Health Department" sealed on June 6,1990, by Judge John J. Gallagher, Sonoma County Superior Court. (See CT 404, 425-426.) 3. Reporter's transcript of an in camera hearing conducted on September 11, 1989, before Judge Knoel Owen, Department One, Sonoma County Municipal Court, Joan Meyers reporter (CSR 6893). 4. Reporter's transcript of two sealed in chamber proceedings conducted on July 9, 1990, before Judge Reginald Littrell, Department 20, San Mateo County Superior Court, Kathryn Lezchuk reporter (CSR 2302). 5. Reporter's transcript of sealed in chambers proceedings conducted on July 23, 1990, before Judge Reginald Littrell, Department 20, San Mateo County Superior Court, Margaret A. Ashwell, reporter (CSR 7875). 6. The court's Exhibit No.1, a collection of documents reviewed in chambers during the proceedings referenced in paragraph no.5, above. 7. Reporter's transcript pages 412-414 of sealed in chambers proceedings conducted on July 25, 1990, before Judge Reginald Littrell, Department 20, San Mateo County Superior Court, Margaret A. Ashwell, reporter (CSR 7875). 8. Reporter's transcript pages 1935-1938 of sealed in chambers proceedings conducted on August 14, 1990, with prospective juror Weil, before Judge Reginald Littrell, Department 20, San Mateo Mateo County Superior Court, Margaret A. Ashwell, reporter (CSR 7875). 9. Reporter's transcript pages 2808-2809 and 2879-2880 of sealed in chambers proceedings conducted on August 27, 1990, during jury selection, before Judge Reginald Littrell, Department 20, San Mateo County Superior Court, Kathryn Lezchuk, reporter (CSR 2302). 10. Reporter's transcript pages 3148-3149 of sealed in chambers proceedings conducted on August 29, 1990, with prospective juror Tyo, before Judge Reginald Littrell, Department 20, San Mateo County Superior Court, Colleen Miller, reporter.
Feb 27 1997Application for Extension of Time filed
  By Applt to file AOB
Mar 4 1997Extension of Time application Granted
  To 4-25-97 To file Aob.
Apr 30 1997Application for Extension of Time filed
  To file Aob.
May 1 1997Extension of Time application Granted
  To 6-24-97 To file Aob.
Jun 24 1997Application for Extension of Time filed
  To file AOB (5th Request).
Jun 26 1997Extension of Time application Granted
  To 8-25-97 To file Aob.
Aug 25 1997Application for Extension of Time filed
  To file Aob.
Aug 28 1997Filed:
  Suppl Decl of Conrad Petermann in support of request for Eot.
Sep 2 1997Extension of Time application Granted
  To 10-24-97 To file Aob.
Sep 16 1997Compensation awarded counsel
 
Oct 27 1997Application for Extension of Time filed
  By Applt to file AOB
Nov 3 1997Filed:
  Supplemental Declaration of Conrad Petermann
Nov 6 1997Extension of Time application Granted
  To December 24,1997 To file AOB
Dec 24 1997Application for Extension of Time filed
  To file Aob.
Dec 30 1997Extension of Time application Granted
  To February 23,1998 To file AOB
Feb 26 1998Application for Extension of Time filed
  By Applt to file AOB
Mar 12 1998Extension of Time application Granted
  To 4-23-98 To file Aob.
Apr 27 1998Application for Extension of Time filed
  To file Aob.
Apr 28 1998Extension of Time application Granted
  To file 5-26-98 To file AOB no further Extensions of time Are Contemplated
May 27 1998Application for Extension of Time filed
  To file Aob.
May 27 1998Motion for access to sealed record filed
  appellant's "motion for copy of sealed hearing transcript." (in camera hearing held on August 15, 1990)
Jun 2 1998Extension of Time application Granted
  To 6-16-98 To file AOB no further Extensions of time will be granted
Jun 3 1998Opposition filed
  To motion for copy of Sealed Hearing Transcript.
Jun 16 1998Filed:
  Applt's Application to file Oversized AOB
Jun 17 1998Order filed:
  Permission Is granted to file Oversized AOB
Jun 17 1998Appellant's opening brief filed
  (2 Vols.- 448 Pp)
Jun 18 1998Filed:
  Confidential Decl of Atty Conrad Petermann.
Jun 24 1998Compensation awarded counsel
 
Jul 13 1998Application for Extension of Time filed
  To file Resp's brief.
Jul 14 1998Extension of Time application Granted
  To 9-15-98 To file Respondent's brief
Jul 15 1998Order filed:
  Appellant's motion, filed May 27, 1998, seeking a copy of the sealed transcript of an in camera hearing held on August 15, 1990, in San Mateo County Superior Court, is denied.
Sep 10 1998Application for Extension of Time filed
  To file Resp's brief.
Sep 11 1998Extension of Time application Granted
  To 11-16-98 To file Resp's brief.
Oct 28 1998Compensation awarded counsel
 
Nov 12 1998Application for Extension of Time filed
  To file Resp's brief.
Nov 16 1998Extension of Time application Granted
  To 1-15-99 To file Resp's brief.
Jan 15 1999Application for Extension of Time filed
  To file Resp's brief.
Jan 20 1999Extension of Time application Granted
  To 2-16-99 To file Resp's brief.
Feb 11 1999Application for Extension of Time filed
  To file Resp's brief.
Feb 18 1999Extension of Time application Granted
  To 3-18-99 To file Respondent's brief
Mar 15 1999Application for Extension of Time filed
  To file Resp's brief.
Mar 16 1999Extension of Time application Granted
  To 3-29-99 To file Respondent's brief
Mar 29 1999Respondent's brief filed
  (265 Pp.)
Apr 22 1999Application for Extension of Time filed
  To file reply brief.
Apr 26 1999Extension of Time application Granted
  To 6-18-99 To file reply brief
May 25 1999Compensation awarded counsel
 
Jun 21 1999Application for Extension of Time filed
  To file reply brief.
Jun 23 1999Extension of Time application Granted
  To 8-17-99 To file reply brief
Aug 19 1999Application for Extension of Time filed
  To file Applt's reply brief.
Aug 26 1999Filed:
  First Amended Applic. for Ext. of time to file reply brief.
Aug 26 1999Extension of Time application Granted
  To 10/18/99 To file reply brief.
Oct 20 1999Application for Extension of Time filed
  To file Applt's reply brief.
Oct 21 1999Extension of Time application Granted
  To 11/17/99 To file Applt's reply brief.
Nov 4 1999Compensation awarded counsel
  Atty Petermann
Nov 22 1999Application for Extension of Time filed
  To file reply brief.
Dec 1 1999Extension of Time application Granted
  Based on Counsel's representation that "A Complet- Ed Draft of Mr. Salcido's reply brief" Will "Quite Likely be Ready for filing by the End of January" 2000, Applt's request for an Eot in which to file the reply brief Is granted to and Includ- Ing 1/18/2000.
Jan 19 2000Application for Extension of Time filed
  To file reply brief.
Jan 24 2000Extension of Time application Granted
  To 3/3/2000 To file reply brief.
Mar 7 2000Application for Extension of Time filed
  To file reply brief.
Mar 15 2000Extension of Time application Granted
  To 4/3/2000 To file reply brief.
Apr 5 2000Application for Extension of Time filed
  To file reply brief.
Apr 11 2000Extension of Time application Granted
  To 5/3/2000 To file reply brief.
May 5 2000Application for Extension of Time filed
  To file reply brief.
May 10 2000Extension of Time application Granted
  To 6-2-2000 To file reply brief.
May 26 2000Appellant's reply brief filed
  (1 Volume; 72 pages)
Jun 5 2000Filed:
  Atty Conrad Petermann's Confidential Declaration
Jun 14 2000Compensation awarded counsel
  Atty Petermann
Aug 31 2000Related habeas corpus petition filed (concurrent)
  case no. S091159.
Nov 29 2000Request for Judicial Notice filed
  by applt
Jul 29 2002Habeas funds request filed (confidential)
 
May 11 2007Letter sent to:
  counsel: the parties are requested to file simultaneous letter briefs citing legal authority postdating the briefs on file relevant to any of the issues raised therein. The simultaneous letter briefs should be served and filed in our San Francisco office on or before Friday, June 8, 2007. Any reply letter briefs should be served and filed in our San Francisco office on or before Monday, June 18, 2007.
Jun 8 2007Letter brief filed
  by appellant, dated June 7, 2007. (32 pp.)
Jun 8 2007Letter brief filed
  by respondent, dated June 8, 2007. (12 pp.)
Jun 18 2007Filed:
  respondent's reply to appellant's letter brief filed on June 8, 2007. (6 pp.)
Jun 19 2007Filed:
  appellant's reply to respondent's letter brief, filed June 8, 2007. (29 pp. excluding attachments)
Jan 25 2008Oral argument letter sent
  advising counsel that the court could schedule this case for argument as early as the March 2008 calendar, to be held the week of March 3, 2008, 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.
Feb 7 2008Exhibit(s) lodged
  People's exhibits, nos. 20 and 21.
Feb 7 2008Exhibit(s) lodged
  People's exhibit no. 22.
Mar 4 2008Case ordered on calendar
  to be argued on Wednesday, April 2, 2008, at 1:30 p.m., in Los Angeles
Mar 13 2008Received:
  appearance sheet from Ronald S. Matthias, Sr. Asst. Attorney General, indicating 30 minutes for oral argument for respondent.
Mar 14 2008Filed:
  respondent's focus issue letter, dated March 14, 2008.
Mar 17 2008Filed:
  appellant's focus issue letter, dated March 13, 2008.
Mar 17 2008Received:
  appearance sheet from attorney Conrad Petermann indicating 30 minutes for oral argument for appellant.
Mar 20 2008Filed:
  (supplemental) proof of service of appellant's focus issue letter filed on March 17, 2008.
Mar 24 2008Received:
  appellant's letter of additional authorities, dated March 20, 2008.
Apr 2 2008Cause argued and submitted
 
Apr 16 2008Compensation awarded counsel
  Atty Petermann
Jun 30 2008Notice of forthcoming opinion posted
 
Jun 30 2008Opinion filed: Judgment affirmed in full
  opinion by George, C.J. -----joined by Kennard, Baxter, Werdegar, Chin, Moreno and Corrigan, JJ.
Jul 15 2008Rehearing petition filed
  by appellant. (2,818 words; 10 pp.)
Jul 18 2008Time 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 26, 2008, or the date upon which rehearing is either granted or denied, whichever occurs first.
Aug 27 2008Rehearing denied
  The opinion is modified The petition for rehearing is denied.
Aug 27 2008Opinion modified - no change in judgment
 
Aug 27 2008Remittitur issued (AA)
 
Aug 28 2008Exhibit(s) returned
  to superior court.
Sep 3 2008Received:
  acknowledgment of receipt of exhibits from superior court.
Sep 4 2008Received:
  acknowledgment of receipt for remittitur.
Nov 20 2008Received:
  Copy of Petition for Writ of Certiorari sent to U.S.S.C. on November 17, 2008.
Jan 21 2009Certiorari denied by U.S. Supreme Court
 

Briefs
Jun 17 1998Appellant's opening brief filed
 
Mar 29 1999Respondent's brief filed
 
May 26 2000Appellant's reply brief filed
 
If you'd like to submit a brief document to be included for this opinion, please submit an e-mail to the SCOCAL website