IN THE SUPREME COURT OF CALIFORNIA
THE PEOPLE,
Plaintiff and Respondent,
S022224
v.
Alameda County
DARREN CORNELIUS STANLEY,
Super. Ct. No. 103289
Defendant and Appellant.
MODIFICATION OF OPINION
THE COURT:
The opinion herein, appearing at 39 Cal.4th 913, is modified as follows:
The last paragraph on page 968, under the heading “22. Noncapital
sentencing error,” is modified to read:
Defendant correctly argues he was erroneously sentenced under counts VI,
VII, and IX (robberies of Adelaja, Cheatham and Dollison) to three one-year full
consecutive terms for the deadly weapon enhancements, whereas, because he was
consecutively sentenced on more than two robbery convictions involving the use
of a deadly or dangerous weapon, and none of the robberies qualified as a violent
felony under section 667.5, the subordinate term for each subsequent robbery
conviction should have been limited to one-third the middle term of imprisonment
and one-third of the enhancement, according to the then-applicable statute, former
§ 1170.95, subdivision (g). (Stats. 1988, ch. 811, § 1, p. 2617.) Accordingly,
defendant asks this court to reduce his subordinate term by two years, from nine to
seven years. Respondent concedes the sentencing error and agrees with the
proposed reduction. We shall therefore order the abstract of judgment corrected to
reflect the reduction of defendant’s aggregate determinate sentence by two years.
The modification does not effect a change in the judgment.
Opinion Information
| Date: | Docket Number: |
| Wed, 10/18/2006 | S022224M |
Parties
| 1 | The People (Respondent) Represented by Attorney General - San Francisco Office Juliet B. Haley, Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA |
| 2 | Stanley, Darren Cornelius (Appellant) Represented by Richard L. Rubin Attorney at Law 4200 Park Boulevard, Suite 249 Oakland, CA |
| Disposition | |
| Aug 24 2006 | Opinion: Affirmed |
| Dockets | |
| Jul 29 1991 | Judgment of death |
| Aug 1 1991 | Filed certified copy of Judgment of Death Rendered 7-29-91. |
| Aug 11 1994 | Compensation awarded counsel |
| Aug 11 1994 | Counsel appointment order filed Richard L. Rubin, Esq. Is Hereby appointed to represent Applt on His A.A., Including Any Related Habeas Corpus Proceedings. |
| Aug 31 1994 | Application for Extension of Time filed By Applt to request correction of Record. |
| Sep 2 1994 | Extension of Time application Granted To Applt To 11-3-94 To request Corr. of Record. |
| Nov 3 1994 | Application for Extension of Time filed By Applt to request correction of Record. |
| Nov 4 1994 | Extension of Time application Granted To Applt To 1-3-95 To request Corr. of Record. |
| Dec 15 1994 | Application for Extension of Time filed By Applt to request correction of Record. |
| Dec 22 1994 | Extension of Time application Granted To Applt To 3-6-95 To request Corr. of Record. |
| Mar 3 1995 | Received: Copy of Applt's request for correction, for Addit. Record, to Examine Sealed Transcripts, & to Settle Record (106 Pp.) |
| Mar 15 1995 | Compensation awarded counsel |
| Jun 14 1995 | Received: pro se letter from Stanley, dated 6-11-95. (confidential) |
| Jul 12 1995 | Confidential order filed |
| Jan 22 1996 | Change of Address filed for: Atty Richard L. Rubin. |
| May 24 1996 | Motion filed By Applt (Pro Per) (Confidential). |
| Jun 7 1996 | Filed: Confidential letter from Atty Rubin. |
| Jun 12 1996 | Motion filed By Applt for Order Compelling the Superior Ct. to correct the Record (8 Pp.) |
| Jun 19 1996 | Order filed: |
| Jun 21 1996 | Compensation awarded counsel |
| Jul 24 1996 | Order filed: Appellant's motion for order compelling the trial court to correct the record, filed June 12, 1996, is denied. |
| Nov 7 1996 | Compensation awarded counsel |
| Apr 10 1997 | Compensation awarded counsel |
| Jul 9 1997 | Record on appeal filed C-6 (1,734 Pp.) and R-77 (5,474 Pp.); and 131 Pp. of Sealed Documents. |
| Jul 9 1997 | Appellant's opening brief letter sent, due: 8-18-97. |
| Jul 10 1997 | Compensation awarded counsel |
| Jul 18 1997 | Compensation awarded counsel |
| Aug 8 1997 | Application for Extension of Time filed To file Aob. |
| Aug 15 1997 | Extension of Time application Granted To 10-17-97 To file Aob. |
| Oct 10 1997 | Application for Extension of Time filed To file Aob. |
| Oct 14 1997 | Extension of Time application Granted To December 16,1997 To file AOB |
| Nov 24 1997 | Compensation awarded counsel |
| Dec 12 1997 | Application for Extension of Time filed To file Aob. |
| Dec 15 1997 | Extension of Time application Granted To 2-17-98 To file Aob. |
| Feb 9 1998 | Application for Extension of Time filed To file Aob. |
| Feb 11 1998 | Extension of Time application Granted To 4-20-98 To file Aob. |
| Mar 11 1998 | Compensation awarded counsel |
| Apr 17 1998 | Application for Extension of Time filed To file Aob. |
| Apr 21 1998 | Extension of Time application Granted To 6-19-98 To file Aob. |
| May 28 1998 | Application for Extension of Time filed By Applt to file AOB |
| Jun 8 1998 | Extension of Time application Granted To 7-20-98 To file AOB |
| Jul 9 1998 | Application for Extension of Time filed To file Aob. |
| Jul 17 1998 | Extension of Time application Granted To 9-18-98 To file Aob. no further Extensions of time Are Contemplated. |
| Sep 14 1998 | Application for Extension of Time filed To file Aob. |
| Sep 22 1998 | Extension of Time application Granted To 11-17-98 To file AOB no further Extensions of time will be Granted. |
| Nov 9 1998 | Application for Extension of Time filed To file Aob. |
| Nov 12 1998 | Order filed: In light of Atty Richard Rubin's representation that "A Complete Draft of the Opening brief (Less one issue)" Is with the Calif. Appellate Project For Review, Applt's request For an Ext. of time to file AOB Is extended to and Including 1-19-99. no further Extensions of time will be Granted. |
| Jan 15 1999 | Application for Extension of Time filed To file Aob. |
| Jan 27 1999 | Extension of Time application Granted To 2-18-99 To file Aob. no further Extensions of time will be Granted. |
| Feb 10 1999 | Application for Extension of Time filed To file Aob. |
| Feb 18 1999 | Extension of Time application Denied |
| Apr 19 1999 | Filed: By Applt request for Relief from Default |
| Apr 19 1999 | Filed: Application for Leave to file Oversized AOB |
| Apr 20 1999 | Order filed: The request of Appellant for Relief from Default and Application to file Applt's Oversized Opening brief Are Granted. |
| Apr 20 1999 | Appellant's opening brief filed (474 Pps) |
| Apr 22 1999 | Compensation awarded counsel |
| Apr 22 1999 | Motion filed By Resp to Unseal Marsden Record. |
| Apr 22 1999 | Filed: Confidential Declaration of Atty Richard Rubin. |
| May 3 1999 | Filed: Applt's Opposition to Resp's motion to Unseal Marsden Record |
| May 6 1999 | Application for Extension of Time filed To file Resp's brief. |
| May 10 1999 | Extension of Time application Granted To 7-19-99 To file Resp's brief. |
| May 10 1999 | Filed: Resp's reply to Objection to motion to Unseal Marsden Record. |
| Jun 11 1999 | Change of Address filed for: Attorney General - S.F. Office. |
| Jul 16 1999 | Application for Extension of Time filed To file Resp's brief. |
| Jul 20 1999 | Extension of Time application Granted To 9-17-99 To file Respondent's brief |
| Aug 18 1999 | Order filed: Resp's "motion to Unseal Marsden Record," filed 4/22/99, Is granted in Part as Follows: pages 11 Through 20, Inclusive, of the Transcript of in Camera Proceedings Conducted on 6/12/89, Are Ordered Unsealed, with A copy of said pages to be Furnished to Resp. in all other Respects, The motion Is denied. |
| Sep 13 1999 | Application for Extension of Time filed To file Resp's brief. |
| Sep 16 1999 | Extension of Time application Granted To 11/16/99 To file Resp's brief. |
| Nov 10 1999 | Application for Extension of Time filed To file Resp's brief. |
| Nov 17 1999 | Extension of Time application Granted To 1/18/2000 To file Resp's brief. |
| Nov 17 1999 | Compensation awarded counsel |
| Jan 12 2000 | Application for Extension of Time filed To file Resp's brief. |
| Jan 13 2000 | Extension of Time application Granted To 2/2/2000 To file Resp's brief. |
| Jan 28 2000 | Respondent's brief filed (211 Pps.) |
| Feb 17 2000 | Application for Extension of Time filed To file reply brief. |
| Feb 23 2000 | Extension of Time application Granted To 4/17/2000 To file reply brief. |
| Mar 15 2000 | Compensation awarded counsel Atty Rubin |
| Apr 13 2000 | Application for Extension of Time filed To file reply brief. |
| Apr 18 2000 | Extension of Time application Granted To 6/16/2000 To file reply brief. |
| Jun 13 2000 | Application for Extension of Time filed To file reply brief. |
| Jun 15 2000 | Extension of Time application Granted To 8/15/2000 To file reply brief. |
| Jun 29 2000 | Compensation awarded counsel Atty Rubin |
| Aug 1 2000 | Counsel's status report received (confidential) |
| Aug 7 2000 | Application for Extension of Time filed to file reply brief. (fourth request) |
| Aug 15 2000 | Extension of Time application Granted To 10/16/2000 to file reply brief. |
| Sep 29 2000 | Counsel's status report received (confidential) |
| Sep 29 2000 | Application for Extension of Time filed To file reply brief. (5th request) |
| Oct 5 2000 | Extension of Time application Granted To 12/15/2000 to applt to request corr. of the record. No further ext. of time are contemplated. |
| Dec 1 2000 | Counsel's status report received (confidential) |
| Dec 11 2000 | Application for Extension of Time filed To file reply brief. (6th request) |
| Dec 18 2000 | Extension of Time application Granted To 2/15/2001 to file reply brief. No further ext. of time will be granted. |
| Feb 2 2001 | Counsel's status report received (confidential) |
| Feb 21 2001 | Extension of Time application Denied To file reply brief. |
| Apr 6 2001 | Counsel's status report received (confidential) |
| May 3 2001 | Compensation awarded counsel Atty Rubin |
| Jun 5 2001 | Counsel's status report received (confidential) |
| Jul 23 2001 | Counsel's status report received (confidential) from atty Rubin. |
| Aug 3 2001 | Application for relief from default filed to file reply brief. |
| Aug 3 2001 | Compensation awarded counsel Atty Rubin |
| Aug 8 2001 | Filed: Applt.'s application for relief from default to file reply brief is granted. |
| Aug 8 2001 | Appellant's Reply Brief filed. (137 Pp.) |
| Sep 17 2001 | Counsel's status report received (confidential) |
| Oct 22 2001 | Filed: Counsel's declaration re habeas corpus investigation (confidential). |
| Nov 13 2001 | Counsel's status report received (confidential) from atty Rubin. |
| Dec 31 2001 | Counsel's status report received (confidential) |
| Mar 13 2002 | Counsel's status report received (confidential) |
| Apr 24 2002 | Related habeas corpus petition filed (concurrent) No. S106165. |
| May 21 2002 | Compensation awarded counsel Atty Rubin |
| Apr 9 2003 | Motion filed (confidential) appellant's pro se motion. |
| Jun 18 2003 | Motion denied (confidential) |
| Aug 28 2003 | Motion filed (confidential) appellant's pro se motion. |
| Sep 17 2003 | Motion denied (confidential) appellant's pro se motion filed on 8-28-2003. |
| Apr 14 2006 | Justice pro tempore assigned Justice Jeffrey King (4th Appellate Dist., Div. 2) (Corrigan, J. recused) |
| Apr 19 2006 | Oral argument letter sent advising that the case could be scheduled for oral argument as early as the late May calendar, to be held the week of May 30, 2006, 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. |
| Apr 20 2006 | Filed letter from: attorney Richard L. Rubin, dated April 19, 2006, requesting oral argument be scheduled for the week of May 30 to June 2, 2006, in San Francisco. |
| Apr 24 2006 | Received: letter from DAG Juliet Haley, dated 4-24-2006, advising that she prefers that oral argument be scheduled for the week of May 30 to June 2, 2006, in San Francisco. |
| May 2 2006 | Case ordered on calendar June 2, 2006, at 1:30 p.m., in San Francisco |
| May 8 2006 | Filed letter from: attorney Richard L. Rubin, dated May 4, 2006, re focus issues for oral argument. |
| May 8 2006 | Argument rescheduled Case is now to be argued on May 30, 2006, at 1:00 p.m., in San Francisco |
| May 9 2006 | Filed letter from: Deputy Attorney General Juliet B. Haley, dated May 9, 2006, re focus issues for oral argument. |
| May 15 2006 | Received: letter from attorney Richard L. Rubin, dated May 12, 2006, re additional authorities for oral argument. |
| May 30 2006 | Cause argued and submitted |
| Jun 9 2006 | Compensation awarded counsel Atty Rubin |
| Aug 24 2006 | Opinion filed: Judgment affirmed in full The abstract of judgment is ordered corrected to reflect the reduction of defendant's aggregate determinate sentence by two years. Opinion by Baxter, J. -----joined by George, C.J., Kennard, Werdegar, Chin, Moreno & King (CA 4/2 assigned) JJ. |
| Aug 30 2006 | Received: letter from respondent, dated 8-30-2006, requesting "two corrections of two minor technical errors in the language of the Court's opinion regarding the modification of appellant's determinative sentence." |
| Sep 6 2006 | Rehearing petition filed by appellant. (6695 words; 31 pp.) |
| Sep 13 2006 | Time extended to consider modification or rehearing to November 22, 2006, or the date upon which rehearing is either granted or denied, whichever occurs first. |
| Oct 18 2006 | Rehearing denied Opinion modified. Petition for rehearing DENIED. George, C.J., and Baxter, J., were absent and did not participate. Corrigan, J., was recused and did not participate. |
| Oct 18 2006 | Opinion modified - no change in judgment |
| Oct 18 2006 | Remittitur issued (AA) |
| Oct 23 2006 | Received: acknowledgment of receipt of remittitur. |
| Briefs | |
| Apr 20 1999 | Appellant's opening brief filed |
| Jan 28 2000 | Respondent's brief filed |
| Aug 8 2001 | Appellant's Reply Brief filed. (137 Pp.) |
