Supreme Court of California Justia
Docket No. S022224M
People v. Stanley

Filed 10/18/06

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, 10/18/2006S022224M

Parties
1The People (Respondent)
Represented by Attorney General - San Francisco Office
Juliet B. Haley, Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA

2Stanley, Darren Cornelius (Appellant)
Represented by Richard L. Rubin
Attorney at Law
4200 Park Boulevard, Suite 249
Oakland, CA


Disposition
Aug 24 2006Opinion: Affirmed

Dockets
Jul 29 1991Judgment of death
 
Aug 1 1991Filed certified copy of Judgment of Death Rendered
  7-29-91.
Aug 11 1994Compensation awarded counsel
 
Aug 11 1994Counsel 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 1994Application for Extension of Time filed
  By Applt to request correction of Record.
Sep 2 1994Extension of Time application Granted
  To Applt To 11-3-94 To request Corr. of Record.
Nov 3 1994Application for Extension of Time filed
  By Applt to request correction of Record.
Nov 4 1994Extension of Time application Granted
  To Applt To 1-3-95 To request Corr. of Record.
Dec 15 1994Application for Extension of Time filed
  By Applt to request correction of Record.
Dec 22 1994Extension of Time application Granted
  To Applt To 3-6-95 To request Corr. of Record.
Mar 3 1995Received:
  Copy of Applt's request for correction, for Addit. Record, to Examine Sealed Transcripts, & to Settle Record (106 Pp.)
Mar 15 1995Compensation awarded counsel
 
Jun 14 1995Received:
  pro se letter from Stanley, dated 6-11-95. (confidential)
Jul 12 1995Confidential order filed
 
Jan 22 1996Change of Address filed for:
  Atty Richard L. Rubin.
May 24 1996Motion filed
  By Applt (Pro Per) (Confidential).
Jun 7 1996Filed:
  Confidential letter from Atty Rubin.
Jun 12 1996Motion filed
  By Applt for Order Compelling the Superior Ct. to correct the Record (8 Pp.)
Jun 19 1996Order filed:
 
Jun 21 1996Compensation awarded counsel
 
Jul 24 1996Order filed:
  Appellant's motion for order compelling the trial court to correct the record, filed June 12, 1996, is denied.
Nov 7 1996Compensation awarded counsel
 
Apr 10 1997Compensation awarded counsel
 
Jul 9 1997Record on appeal filed
  C-6 (1,734 Pp.) and R-77 (5,474 Pp.); and 131 Pp. of Sealed Documents.
Jul 9 1997Appellant's opening brief letter sent, due:
  8-18-97.
Jul 10 1997Compensation awarded counsel
 
Jul 18 1997Compensation awarded counsel
 
Aug 8 1997Application for Extension of Time filed
  To file Aob.
Aug 15 1997Extension of Time application Granted
  To 10-17-97 To file Aob.
Oct 10 1997Application for Extension of Time filed
  To file Aob.
Oct 14 1997Extension of Time application Granted
  To December 16,1997 To file AOB
Nov 24 1997Compensation awarded counsel
 
Dec 12 1997Application for Extension of Time filed
  To file Aob.
Dec 15 1997Extension of Time application Granted
  To 2-17-98 To file Aob.
Feb 9 1998Application for Extension of Time filed
  To file Aob.
Feb 11 1998Extension of Time application Granted
  To 4-20-98 To file Aob.
Mar 11 1998Compensation awarded counsel
 
Apr 17 1998Application for Extension of Time filed
  To file Aob.
Apr 21 1998Extension of Time application Granted
  To 6-19-98 To file Aob.
May 28 1998Application for Extension of Time filed
  By Applt to file AOB
Jun 8 1998Extension of Time application Granted
  To 7-20-98 To file AOB
Jul 9 1998Application for Extension of Time filed
  To file Aob.
Jul 17 1998Extension of Time application Granted
  To 9-18-98 To file Aob. no further Extensions of time Are Contemplated.
Sep 14 1998Application for Extension of Time filed
  To file Aob.
Sep 22 1998Extension of Time application Granted
  To 11-17-98 To file AOB no further Extensions of time will be Granted.
Nov 9 1998Application for Extension of Time filed
  To file Aob.
Nov 12 1998Order 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 1999Application for Extension of Time filed
  To file Aob.
Jan 27 1999Extension of Time application Granted
  To 2-18-99 To file Aob. no further Extensions of time will be Granted.
Feb 10 1999Application for Extension of Time filed
  To file Aob.
Feb 18 1999Extension of Time application Denied
 
Apr 19 1999Filed:
  By Applt request for Relief from Default
Apr 19 1999Filed:
  Application for Leave to file Oversized AOB
Apr 20 1999Order filed:
  The request of Appellant for Relief from Default and Application to file Applt's Oversized Opening brief Are Granted.
Apr 20 1999Appellant's opening brief filed
  (474 Pps)
Apr 22 1999Compensation awarded counsel
 
Apr 22 1999Motion filed
  By Resp to Unseal Marsden Record.
Apr 22 1999Filed:
  Confidential Declaration of Atty Richard Rubin.
May 3 1999Filed:
  Applt's Opposition to Resp's motion to Unseal Marsden Record
May 6 1999Application for Extension of Time filed
  To file Resp's brief.
May 10 1999Extension of Time application Granted
  To 7-19-99 To file Resp's brief.
May 10 1999Filed:
  Resp's reply to Objection to motion to Unseal Marsden Record.
Jun 11 1999Change of Address filed for:
  Attorney General - S.F. Office.
Jul 16 1999Application for Extension of Time filed
  To file Resp's brief.
Jul 20 1999Extension of Time application Granted
  To 9-17-99 To file Respondent's brief
Aug 18 1999Order 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 1999Application for Extension of Time filed
  To file Resp's brief.
Sep 16 1999Extension of Time application Granted
  To 11/16/99 To file Resp's brief.
Nov 10 1999Application for Extension of Time filed
  To file Resp's brief.
Nov 17 1999Extension of Time application Granted
  To 1/18/2000 To file Resp's brief.
Nov 17 1999Compensation awarded counsel
 
Jan 12 2000Application for Extension of Time filed
  To file Resp's brief.
Jan 13 2000Extension of Time application Granted
  To 2/2/2000 To file Resp's brief.
Jan 28 2000Respondent's brief filed
  (211 Pps.)
Feb 17 2000Application for Extension of Time filed
  To file reply brief.
Feb 23 2000Extension of Time application Granted
  To 4/17/2000 To file reply brief.
Mar 15 2000Compensation awarded counsel
  Atty Rubin
Apr 13 2000Application for Extension of Time filed
  To file reply brief.
Apr 18 2000Extension of Time application Granted
  To 6/16/2000 To file reply brief.
Jun 13 2000Application for Extension of Time filed
  To file reply brief.
Jun 15 2000Extension of Time application Granted
  To 8/15/2000 To file reply brief.
Jun 29 2000Compensation awarded counsel
  Atty Rubin
Aug 1 2000Counsel's status report received (confidential)
 
Aug 7 2000Application for Extension of Time filed
  to file reply brief. (fourth request)
Aug 15 2000Extension of Time application Granted
  To 10/16/2000 to file reply brief.
Sep 29 2000Counsel's status report received (confidential)
 
Sep 29 2000Application for Extension of Time filed
  To file reply brief. (5th request)
Oct 5 2000Extension 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 2000Counsel's status report received (confidential)
 
Dec 11 2000Application for Extension of Time filed
  To file reply brief. (6th request)
Dec 18 2000Extension of Time application Granted
  To 2/15/2001 to file reply brief. No further ext. of time will be granted.
Feb 2 2001Counsel's status report received (confidential)
 
Feb 21 2001Extension of Time application Denied
  To file reply brief.
Apr 6 2001Counsel's status report received (confidential)
 
May 3 2001Compensation awarded counsel
  Atty Rubin
Jun 5 2001Counsel's status report received (confidential)
 
Jul 23 2001Counsel's status report received (confidential)
  from atty Rubin.
Aug 3 2001Application for relief from default filed
  to file reply brief.
Aug 3 2001Compensation awarded counsel
  Atty Rubin
Aug 8 2001Filed:
  Applt.'s application for relief from default to file reply brief is granted.
Aug 8 2001Appellant's Reply Brief filed. (137 Pp.)
 
Sep 17 2001Counsel's status report received (confidential)
 
Oct 22 2001Filed:
  Counsel's declaration re habeas corpus investigation (confidential).
Nov 13 2001Counsel's status report received (confidential)
  from atty Rubin.
Dec 31 2001Counsel's status report received (confidential)
 
Mar 13 2002Counsel's status report received (confidential)
 
Apr 24 2002Related habeas corpus petition filed (concurrent)
  No. S106165.
May 21 2002Compensation awarded counsel
  Atty Rubin
Apr 9 2003Motion filed (confidential)
  appellant's pro se motion.
Jun 18 2003Motion denied (confidential)
 
Aug 28 2003Motion filed (confidential)
  appellant's pro se motion.
Sep 17 2003Motion denied (confidential)
  appellant's pro se motion filed on 8-28-2003.
Apr 14 2006Justice pro tempore assigned
  Justice Jeffrey King (4th Appellate Dist., Div. 2) (Corrigan, J. recused)
Apr 19 2006Oral 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 2006Filed 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 2006Received:
  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 2006Case ordered on calendar
  June 2, 2006, at 1:30 p.m., in San Francisco
May 8 2006Filed letter from:
  attorney Richard L. Rubin, dated May 4, 2006, re focus issues for oral argument.
May 8 2006Argument rescheduled
  Case is now to be argued on May 30, 2006, at 1:00 p.m., in San Francisco
May 9 2006Filed letter from:
  Deputy Attorney General Juliet B. Haley, dated May 9, 2006, re focus issues for oral argument.
May 15 2006Received:
  letter from attorney Richard L. Rubin, dated May 12, 2006, re additional authorities for oral argument.
May 30 2006Cause argued and submitted
 
Jun 9 2006Compensation awarded counsel
  Atty Rubin
Aug 24 2006Opinion 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 2006Received:
  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 2006Rehearing petition filed
  by appellant. (6695 words; 31 pp.)
Sep 13 2006Time 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 2006Rehearing 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 2006Opinion modified - no change in judgment
 
Oct 18 2006Remittitur issued (AA)
 
Oct 23 2006Received:
  acknowledgment of receipt of remittitur.

Briefs
Apr 20 1999Appellant's opening brief filed
 
Jan 28 2000Respondent's brief filed
 
Aug 8 2001Appellant's Reply Brief filed. (137 Pp.)
 
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