Stanford Law School - Robert Crown Law Library

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Unpublished opinion.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, 10/17/2001	26 Cal.4th 1154	S090076	Review - Criminal Appeal	closed; remittitur issued	PEOPLE v. MARSHALL (S091666)

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.

If you'd like to submit a brief document to be included for this opinion, please submit an e-mail to the SCOCAL website