People v. Sengpadychith (2001)26 Cal.4th 1154a , -- Cal.Rptr.2d --; -- P.3d --
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Unpublished opinion.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.
Date: | Citation: | Docket Number: | Category: | Status: | Cross Referenced Cases: |
Wed, 10/17/2001 | 26 Cal.4th 1154 | S090076 | Review - Criminal Appeal | closed; remittitur issued | PEOPLE v. MARSHALL (S091666) |
1 | Sengpadychith, Say (Defendant and Appellant) Represented by David Mcneil Morse Attorney At Law 333 Market Street Suite 2800 San Francisco, CA |
2 | The People (Plaintiff and Respondent) Represented by Attorney General - San Francisco Office Mark S. Howell, DAG 455 Golden Gate Avenue, Suite 1100 San Francisco, CA |
3 | The 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 2001 | Opinion: Reversed |
Dockets | |
Jul 11 2000 | Petition for review filed By Appellant *** Record Requested *** |
Jul 25 2000 | Received Court of Appeal record One file folder & two doghouses |
Jul 25 2000 | Received Court of Appeal record One file folder |
Sep 11 2000 | Time Extended to grant or deny Petition for Review to & including October 9, 2000. |
Sep 20 2000 | Petition 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 2000 | Telephone conversation with: Rudy, clerk in dca re will send add'l vols of record. |
Sep 22 2000 | Received: R-4 to court |
Sep 29 2000 | Counsel appointment order filed David McNeil Morse to represent appellant Say Sengpadychith . AOB due w/in 30 days. |
Oct 30 2000 | Application 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 2000 | Extension of Time application Granted to and including Nov. 29, 2000 for appellant to file brief on the merits. |
Nov 29 2000 | Opening brief on the merits filed Counsel for appellant (Sengpadychith) |
Dec 29 2000 | Application 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 2001 | Extension of Time application Granted to and including Jan. 29, 2001 for respondent (people) to file answer brief/merits. |
Jan 26 2001 | Application for Extension of Time filed by respondent to Feb. 8, 2001 to file answer brief/merits. |
Jan 30 2001 | Extension of Time application Granted to and including Feb. 8, 2001 for respondent to file answer brief on the merits. |
Feb 8 2001 | Answer brief on the merits filed by respondent (AG). |
Feb 28 2001 | Application 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 2001 | Extension of Time application Granted to and including March 5, 2001 to file reply brief on the merits. |
Mar 5 2001 | Reply brief filed (case fully briefed) by appellant. |
Mar 29 2001 | Case Ordered on Calendar: 5-9-01, 9am, S.F. |
Apr 4 2001 | Filed: Additional citations [ appellant Sengpadychith] |
May 3 2001 | Received letter from: Michael O'Reilley informing the court that he will be appearing for the People at the May 9th oral argument. |
May 8 2001 | Received: additional authority from appellant (Sengpadychith). |
May 9 2001 | Cause Called, Argued and Submitted |
Jun 27 2001 | Compensation awarded counsel Atty Morse |
Jul 17 2001 | Change of Address filed for: David Morse, counsel for appellant. Change made to party screen. |
Aug 2 2001 | Opinion filed: Judgment reversed Majority Opinion by Kennard, J. -- joined by George C.J., Baxter, Werdegar & Chin JJ. Concurring Opinion by Brown, J. |
Aug 15 2001 | Rehearing Petition filed by: by counsel for appellant (Sengpadychith). |
Aug 15 2001 | Request for modification of opinion filed Letter from Attorney General's Office requesting modification of opinion. |
Aug 17 2001 | Time extended to consider modification or rehearing to and including 11/29/2001 |
Aug 29 2001 | Request for modification of opinion filed Letter from Attorney General regarding request for modification of opinion. |
Aug 30 2001 | Mail returned and re-sent to Sixth District Appellate Program. (order filed 8/17/01). |
Oct 17 2001 | Remittitur issued (criminal case) CA6 |
Oct 17 2001 | Opinion modified - no change in judgment |
Oct 17 2001 | Rehearing denied |
Oct 25 2001 | Received: receipt for remittitur from CA6 |
May 22 2002 | Compensation awarded counsel Atty Morse |
Briefs | |
Nov 29 2000 | Opening brief on the merits filed Counsel for appellant (Sengpadychith) |
Feb 8 2001 | Answer brief on the merits filed by respondent (AG). |
Mar 5 2001 | Reply brief filed (case fully briefed) by appellant. |