Supreme Court of California Justia
Citation 26 Cal.4th 1154
People v. Sengpadychith



People v. Sengpadychith (2001)26 Cal.4th 1154a , -- Cal.Rptr.2d --; -- P.3d --

[No. S090076. Oct. 17, 2001.]

THE PEOPLE, Plaintiff and Respondent, v. SAY SENGPADYCHITH, Defendant and Appellant.

In re SAY SENGPADYCHITH on Habeas Corpus.

[Modification of opinion (26 Cal.4th 316) with no change in judgment.]

THE COURT:

The opinion appearing herein at 26 Cal.4th 316 is modified as follows:

1. The following sentence and citation are added to 26 Cal.4th at page 328, footnote 4, immediately after the first sentence:

At the time defendant committed his offenses, subdivision (b)(1) of section 186.22 increased the term of imprisonment by "one, two or three years at the court's discretion." (Former § 186.22, subd. (b)(1), Stats. 1995, ch. 377, § 2.)

2. The first sentence of the last paragraph at 26 Cal.4th, page 328, is modified to read as follows:

On remand, the Court of Appeal is to determine with respect to the offense of gross negligence in discharging a firearm whether the trial court's instructional error was harmless under Chapman (see People v. Breverman (1998) 19 Cal.4th 142, 178-179 [77 Cal.Rptr.2d 870, 960 P.2d 1094])5 and, with respect to the offense of attempted murder, whether the same error was harmless under Watson, supra, "46 Cal.2d at page 836. This modification does not affect the judgment.

Unpublished opinion. Petition for review after the Court of Appeal affirmed in part and reversed in part a judgment of conviction of criminal offenses and denied a petition for writ of habeas corpus. The court limited review to the issues of what evidence is sufficient to establish the "primary activities" element of the criminal street gang enhancement (Pen. Code section 186.22) and what harmless error standard applies to failure to instruct on that element.

Opinion Information
Date:Citation:Docket Number:Category:Status:Cross Referenced Cases:
Wed, 10/17/200126 Cal.4th 1154S090076Review - Criminal Appealclosed; remittitur issued

PEOPLE v. MARSHALL (S091666)


Parties
1Sengpadychith, Say (Defendant and Appellant)
Represented by David Mcneil Morse
Attorney At Law
333 Market Street
Suite 2800
San Francisco, CA

2The People (Plaintiff and Respondent)
Represented by Attorney General - San Francisco Office
Mark S. Howell, DAG
455 Golden Gate Avenue, Suite 1100
San Francisco, CA

3The People (Plaintiff and Respondent)
Represented by Michael D. O'Reilley
Attorney Generals Office
455 Golden Gate Avenue, Suite 11000
San Francisco, CA


Disposition
Aug 2 2001Opinion: Reversed

Dockets
Jul 11 2000Petition for review filed
By Appellant *** Record Requested ***
Jul 25 2000Received Court of Appeal record
One file folder & two doghouses
Jul 25 2000Received Court of Appeal record
One file folder
Sep 11 2000Time Extended to grant or deny Petition for Review
to & including October 9, 2000.
Sep 20 2000Petition for review granted; issues limited (criminal case)
Issues to be briefed & argued shall be limited to: what evidence is sufficient to establish the "primary activities" element of the criminal street gang enhancement (Pen. Code section 186.22) and what harmless error standard applies to failure to instruct on that element. Votes: Mosk, Kennard, Baxter, Chin & Brown, JJ.
Sep 21 2000Telephone conversation with:
Rudy, clerk in dca re will send add'l vols of record.
Sep 22 2000Received:
R-4 to court
Sep 29 2000Counsel appointment order filed
David McNeil Morse to represent appellant Say Sengpadychith . AOB due w/in 30 days.
Oct 30 2000Application for Extension of Time filed
by Applt asking to and including 11/29/00 to file Applt's opening brief on the merrits.
Oct 31 2000Extension of Time application Granted
to and including Nov. 29, 2000 for appellant to file brief on the merits.
Nov 29 2000Opening brief on the merits filed
Counsel for appellant (Sengpadychith)
Dec 29 2000Application for Extension of Time filed
by respondent to Jan. 29, 2001 to file answer brief/merits. ***OK to grant to 1/29/01. Order being prepared.***
Jan 3 2001Extension of Time application Granted
to and including Jan. 29, 2001 for respondent (people) to file answer brief/merits.
Jan 26 2001Application for Extension of Time filed
by respondent to Feb. 8, 2001 to file answer brief/merits.
Jan 30 2001Extension of Time application Granted
to and including Feb. 8, 2001 for respondent to file answer brief on the merits.
Feb 8 2001Answer brief on the merits filed
by respondent (AG).
Feb 28 2001Application for Extension of Time filed
by appellant requesting to March 30, 2001 to file reply brief/merits. ***Ok to grant to MARCH 5th ONLY. Order being prepared. ***
Mar 1 2001Extension of Time application Granted
to and including March 5, 2001 to file reply brief on the merits.
Mar 5 2001Reply brief filed (case fully briefed)
by appellant.
Mar 29 2001Case Ordered on Calendar:
5-9-01, 9am, S.F.
Apr 4 2001Filed:
Additional citations [ appellant Sengpadychith]
May 3 2001Received letter from:
Michael O'Reilley informing the court that he will be appearing for the People at the May 9th oral argument.
May 8 2001Received:
additional authority from appellant (Sengpadychith).
May 9 2001Cause Called, Argued and Submitted
Jun 27 2001Compensation awarded counsel
Atty Morse
Jul 17 2001Change of Address filed for:
David Morse, counsel for appellant. Change made to party screen.
Aug 2 2001Opinion filed: Judgment reversed
Majority Opinion by Kennard, J. -- joined by George C.J., Baxter, Werdegar & Chin JJ. Concurring Opinion by Brown, J.
Aug 15 2001Rehearing Petition filed by:
by counsel for appellant (Sengpadychith).
Aug 15 2001Request for modification of opinion filed
Letter from Attorney General's Office requesting modification of opinion.
Aug 17 2001Time extended to consider modification or rehearing
to and including 11/29/2001
Aug 29 2001Request for modification of opinion filed
Letter from Attorney General regarding request for modification of opinion.
Aug 30 2001Mail returned and re-sent
to Sixth District Appellate Program. (order filed 8/17/01).
Oct 17 2001Remittitur issued (criminal case)
CA6
Oct 17 2001Opinion modified - no change in judgment
Oct 17 2001Rehearing denied
Oct 25 2001Received:
receipt for remittitur from CA6
May 22 2002Compensation awarded counsel
Atty Morse

Briefs
Nov 29 2000Opening brief on the merits filed
Counsel for appellant (Sengpadychith)
Feb 8 2001Answer brief on the merits filed
by respondent (AG).
Mar 5 2001Reply brief filed (case fully briefed)
by appellant.
If you'd like to submit a brief document to be included for this opinion, please submit an e-mail to the SCOCAL website