People v. Sanders

Filed 10/22/03

IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE,
Plaintiff and Respondent,
S094088
v.
) Ct.App.
5
F033862
ARLENE DENA SANDERS et al.,
Kern
County
Defendants and Appellants. )
Super.
Ct.
No.
77313

MODIFICATION OF OPINION
THE COURT:
The opinion herein, filed on July 31, 2003, appearing at 31 Cal.4th 318 is
modified as follows:
The first full paragraph on page 331 is deleted.
The first sentence of the second full paragraph on page 331 is revised to
read as follows: The Attorney General’s belated justification for the search fails.
This modification does not affect the judgment.


Opinion Information
Date: Docket Number:
Wed, 10/22/2003 S094088M
Parties
1 Aclu Foundation Of Northern California, Inc. (Amicus curiae)
Represented by Alan L. Schlosser
A.C.L.U. Foundation of Northern California
1663 Mission Street, Suite 460
San Francisco, CA
2 California Attorneys For Criminal Justice (Amicus curiae)
Represented by John T. Philipsborn
Chair, CACJ Amicus Curiae Committee
507 Polk St #250
San Francisco, CA
3 California District Attorneys Association (Amicus curiae)
Represented by Phyllis Chiemi Asayama
L A Cnty Dist Atty
320 W. Temple St., Suite 540
Los Angeles, CA
4 California Public Defenders Association (Amicus curiae)
Represented by Stephen B. Elrick
Alternate Defender Office
4 No. Second St., Suite #1270
San Jose, CA
5 Mcdaniel, Kenton (Defendant and Appellant)
Represented by Elizabeth M. Campbell
Attorney at Law
2407 "J" Street, #301
Sacramento, CA
6 Mcdaniel, Kenton (Defendant and Appellant)
Represented by Central California Appellate Program
2407 "J" Street, Suite 301
2407 "J" Street, Suite 301
Sacramento, CA
7 Sanders, Arlene Dena (Defendant and Appellant)
Represented by James Peter Axelrod
Attorney At Law
1275 4th St #341
Santa Rosa, CA
8 The People (Plaintiff and Respondent)
Represented by Doris A. Calandra
Attorney General
P.O. Box 944255
Sacramento, CA
Disposition
Jul 31 2003 Opinion: Affirmed
Dockets
Dec 28 2000 Petition for review filed
In Fresno by counsel for Resp. {The People}
Jan 2 2001 Received Court of Appeal record
One doghouse
Jan 9 2001 Answer to petition for review filed
Counsel for appellant Arlene Dena Sanders
Feb 15 2001 Time Extended to grant or deny Petition for Review
To March 28, 2001.
Feb 28 2001 Review Granted/briefing deferred (Rule 29.3) - criminal case
hold for Peo v. Moss S087478. votes:unanimous
Mar 27 2002 Briefing ordered
Review was granted on 2-28-01 & further action deferred pending disposition of a related issue in People v. Moss (S087478). Submission of additional briefing was also deferred pending further order. People v. Moss was dismissed pursuant to California Rules of Court, rule 29.4 (c) on January 16, 2002. Respondent is now directed to serve file a Brief on the Merits on or before 4-26-2. Additional briefing is to be served & filed in a timely fashion. The brief is to address the following issues: 1) Should court reconsider In re Tyrell J. that otherwise illegal search of minor subject to probation search condition is "not unconstitutional despite office's ignorance of search condition"? 2) If our holding in In re Tyrell J. remains viable, should it apply to adult parolees who are subject to search conditions? 3) Under People v. Robles, does admissibility of fruits of search in present case differ as to defendant Sanders, who was not subject to a search condition, as compared to defendant McDaniel who was? Chin, J., was absent and did not participate.
Apr 22 2002 Request for extension of time filed
by resp to file the brief on the merits, to 5-26.
Apr 30 2002 Extension of time granted
Respondent to and including 5/26/2002, to file the Opening Brief on the Merits
May 8 2002 Counsel appointment order filed
J. Peter Axelrod is appointed to represent aplt. Arlene Sanders. Aplt's brief on the merits will be due w/in 30 days from the filing date of resp's opening brief on the merits.
May 8 2002 Counsel appointment order filed
the Central Calif. Appellate Program is appointed to represent aplt Kenton Mc Daniel. Aplt's brief on the merits is due w/in 30 days from the filing of resp's opening brief on the merits.
May 24 2002 Opening brief on the merits filed
by Resp (A.G.)
Jun 4 2002 Request for extension of time filed
by aplt Sanders to file the ans brief on the merits, to July 23.
Jun 10 2002 Extension of time granted
to 7-23-02 for aplt Sanders to file the answer brief on the merits.
Jun 24 2002 Request for extension of time filed
for aplt Mc Daniel to file the answer brief on the merits, to 7-24.
Jun 27 2002 Extension of time granted
to 7-23-02 for aplt Mc Daniels to file the answer brief on the merits.
Jul 22 2002 Answer brief on the merits filed
by aplt Sanders
Jul 24 2002 Answer brief on the merits filed
aplt Mc Daniel (timely per CRC 40k)
Aug 5 2002 Request for extension of time filed
by resp to file the reply brief on the merits, to 8-21-02.
Aug 12 2002 Extension of time granted
respondent's time to serve and file the reply brief on the merits is extended to and including August 21, 2002.
Aug 21 2002 Reply brief filed (case fully briefed)
by counsel for resp.
Sep 20 2002 Received application to file amicus curiae brief; with brief
by ACLU of No. Cal. and Cal. Attorneys for Criminal Justice, in support of aplts.
Sep 20 2002 Received application to file amicus curiae brief; with brief
California District Attorneys Association
Sep 23 2002 Received application to file amicus curiae brief; with brief
from the California Public Defenders Association in support of aplts. (timely-CRC 40k)
Sep 27 2002 Permission to file amicus curiae brief granted
by the ACLU of No. Calif. and Calif. Attorneys for Criminal Justice in support of appellants. An answer may be filed w/in 20 days.
Sep 27 2002 Amicus Curiae Brief filed by:
ACLU and Calif. Attorneys for Crim. Justice
Sep 27 2002 Permission to file amicus curiae brief granted
by the Calif. Public Defenders Association and Alternate Defender Office in support of aplts. Any answers may be filed w/in 20 days.
Sep 27 2002 Amicus Curiae Brief filed by:
by the Calif. Public Defenders Assn. and Alternate Defender Office in support of aplts.
Sep 27 2002 Permission to file amicus curiae brief granted
by the California District Attorneys Association in support of resp. Any answers may be filed w/in 20 days.
Sep 27 2002 Amicus Curiae Brief filed by:
the Calif. District Attorneys Assn. in support of resp.
Oct 11 2002 Exhibits lodged
People's exhibits #1 & 2 (trial ct. exhibits)
Oct 15 2002 Response to amicus curiae brief filed
by counsel for appellant Arlene Dena Sanders to AC brief of The Calif. District Attorney Assn.
Oct 15 2002 Received document entitled:
Corrected Declaration of Service re response to AC brief filed by appellant on 10/15/02. (Stapled to back inside cover of brief.)
Oct 16 2002 Request for extension of time filed
by (AG) counsel for respondent requesting a 10-day extension to October 24, 2002 to file an answer to the Calif. District Attorneys Association's amicus curiae brief.
Oct 17 2002 Request for extension of time filed
For aplt Mc Daniel to file a response to the A/C Brief of the Cal. DA's Assn., to 10/31. (rec'd in Sac.)
Oct 21 2002 Extension of time granted
Respondent's time to serve and file the answer to amicus curiae brief is extended to and including October 24, 2002.
Oct 24 2002 Response to amicus curiae brief filed
by Respondent to the A/C brief of Calif. Dist. Attorneys Assn.
Oct 25 2002 Extension of time granted
to 10-31-02 for aplt Mc Daniels to to file the response to the A/C brief of the Calif. Dist. Attys. Assn.
Oct 31 2002 Request for extension of time filed
for aplt Mc Daniel to file the answer to the A/C brief of the Calif. District Attorneys Assn., to 11/27.
Nov 7 2002 Extension of time granted
Appellant's time to serve and file the answer to the amicus curiae brief of California District Attorneys Association is extended to and including November 27, 2002.
Nov 27 2002 Request for extension of time filed
by aplt Mc Daniel to file a response to the A/C brief of Calif. Dist. Attys' Assn., to 12/11.
Dec 6 2002 Extension of time granted
to 12-11-02 for aplt Mc Daniel to file the response to the A/C brief of the Calif. District Attorneys Assn.
Dec 11 2002 Received:
from counsel for appellant (K. McDaniel) Response A/C brief of Calif. District Atty's Assoc.
Dec 16 2002 Response to amicus curiae brief filed
with permission by counsel for appellant (K. McDaniel) to the A/C brief of Calif. District Attorneys Assoc.
Dec 18 2002 Compensation awarded counsel
Atty Campbell
Jan 15 2003 Filed:
notice of change of counsel for resp.
Jan 24 2003 Filed letter from:
counsel for aplt Sanders, re unavailability for oral argument between 6/10 and 7/10, 2003.
Apr 30 2003 Case ordered on calendar
5-29-03, 9am, S.F.
May 12 2003 Filed:
request of counsel for aplt McDaniel to divide oral argument time with counsel for aplt Sanders.
May 14 2003 Order filed
The request of counsel for aplts to allow two counsel to argue on behalf of aplts is granted.
May 14 2003 Order filed
The request to allocate 15 min. to aplt Sanders and to allocate 15 min to aplt McDaniel of aplts' 30-min. alloted oral argument time is granted.
May 15 2003 Received document entitled:
Aplt. Sanders' Supplemental Brief on the Merits
May 19 2003 Received:
aplt McDaniel's notice of joinder to aplt Sanders' supp. brief.
May 22 2003 Request for judicial notice filed (in non-AA proceeding)
by resp.
May 28 2003 Filed:
Aplt Sanders' opposition to resp's request for judicial notice.
May 29 2003 Cause argued and submitted
Jul 31 2003 Opinion filed: Judgment affirmed in full
Majority opinion by Moreno, J. -- joined by George C.J., Werdegar & Chin, JJ. Concurring Opinion by Kennard, J. Concurring Opinion by Brown, J. Concurring & Dissenting Opinion by Baxter, J.
Aug 15 2003 Request for modification of opinion filed
by resp
Aug 19 2003 Rehearing petition filed
Respondent ( People)
Aug 26 2003 Time extended to consider modification or rehearing
to 10-29-03
Aug 27 2003 Compensation awarded counsel
Atty Axelrod
Oct 22 2003 Remittitur issued (criminal case)
Oct 22 2003 Rehearing denied
Baxter, J., is of the opinion the petition should be granted. Brown, J., was absent and did not participate.
Oct 22 2003 Opinion modified - no change in judgment
Oct 27 2003 Received:
receipt for remittitur from CA 5
Aug 17 2005 Compensation awarded counsel
Atty Campbell - Central California Appellate Program
Briefs
May 24 2002 Opening brief on the merits filed
Jul 22 2002 Answer brief on the merits filed
Jul 24 2002 Answer brief on the merits filed
Aug 21 2002 Reply brief filed (case fully briefed)
Sep 27 2002 Amicus Curiae Brief filed by:
Sep 27 2002 Amicus Curiae Brief filed by:
Sep 27 2002 Amicus Curiae Brief filed by:
Oct 15 2002 Response to amicus curiae brief filed
Oct 24 2002 Response to amicus curiae brief filed
Dec 16 2002 Response to amicus curiae brief filed

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