supreme court minutes wednesday, july 19, 2017 san

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1028 SUPREME COURT MINUTES WEDNESDAY, JULY 19, 2017 SAN FRANCISCO, CALIFORNIA S242494 B275914 Second Appellate District, Div. 6 IN RE A.N. Petition for review granted Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ. S241699 B267258 Second Appellate District, Div. 2 PEOPLE v. AUDINETTE (BRANDON DION) Petition for review granted; briefing deferred Defendant Xavier Gage Gaither’s petition for review is granted. Further action in this matter is deferred pending consideration and disposition of a related issue in People v. Mendoza, S241647 (see Cal. Rules of Court, rule 8.512(d)(2)), or pending further order of this court. Submission of additional briefing, pursuant to California Rules of Court, rule 8.520, is deferred pending further order of the court. Defendant Brandon Dion Audinette’s petition for review is denied. Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ. S242518 B275532 Second Appellate District, Div. 6 PEOPLE v. HARRELL (STEPHEN B.) Petition for review granted; briefing deferred The petition for review is granted. Further action in this matter is deferred pending consideration and disposition of a related issue in People v. Valenzuela, S232900 (see Cal. Rules of Court, rule 8.512(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to California Rules of Court, rule 8.520, is deferred pending further order of the court. Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ. S242541 C077673 Third Appellate District PEOPLE v. CAUDILLO III (RAYMOND JUNIOR) Petition for review granted; briefing deferred The petition for review is granted. Further action in this matter is deferred pending consideration and disposition of a related issue in People v. Mendoza, S241647 (see Cal. Rules of Court, rule 8.512(d)(2)), or pending further order of this court. Submission of additional briefing, pursuant to California Rules of Court, rule 8.520, is deferred pending further order of the court. Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.

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Page 1: SUPREME COURT MINUTES WEDNESDAY, JULY 19, 2017 SAN

1028

SUPREME COURT MINUTES

WEDNESDAY, JULY 19, 2017

SAN FRANCISCO, CALIFORNIA

S242494 B275914 Second Appellate District, Div. 6 IN RE A.N.

Petition for review granted

Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.

S241699 B267258 Second Appellate District, Div. 2 PEOPLE v. AUDINETTE

(BRANDON DION)

Petition for review granted; briefing deferred

Defendant Xavier Gage Gaither’s petition for review is granted.

Further action in this matter is deferred pending consideration and disposition of a related issue in

People v. Mendoza, S241647 (see Cal. Rules of Court, rule 8.512(d)(2)), or pending further order

of this court. Submission of additional briefing, pursuant to California Rules of Court, rule 8.520,

is deferred pending further order of the court.

Defendant Brandon Dion Audinette’s petition for review is denied.

Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.

S242518 B275532 Second Appellate District, Div. 6 PEOPLE v. HARRELL

(STEPHEN B.)

Petition for review granted; briefing deferred

The petition for review is granted. Further action in this matter is deferred pending consideration

and disposition of a related issue in People v. Valenzuela, S232900 (see Cal. Rules of Court, rule

8.512(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to

California Rules of Court, rule 8.520, is deferred pending further order of the court.

Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.

S242541 C077673 Third Appellate District PEOPLE v. CAUDILLO III

(RAYMOND JUNIOR)

Petition for review granted; briefing deferred

The petition for review is granted. Further action in this matter is deferred pending consideration

and disposition of a related issue in People v. Mendoza, S241647 (see Cal. Rules of Court, rule

8.512(d)(2)), or pending further order of this court. Submission of additional briefing, pursuant to

California Rules of Court, rule 8.520, is deferred pending further order of the court.

Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.

Page 2: SUPREME COURT MINUTES WEDNESDAY, JULY 19, 2017 SAN

SAN FRANCISCO JULY 19, 2017 1029

S242621 C081681 Third Appellate District PEOPLE v. CONTRERAS

(DEBRA LYNN)

Petition for review granted; briefing deferred

The petition for review is granted. Further action in this matter is deferred pending consideration

and disposition of a related issue in People v. Valenzuela, S232900 (see Cal. Rules of Court, rule

8.512(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to

California Rules of Court, rule 8.520, is deferred pending further order of the court.

Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.

S241555 B270781 Second Appellate District, Div. 8 PEOPLE v. LUEVANOS

(VICTOR)

Petitions for review denied

S241644 B262599 Second Appellate District, Div. 5 PEOPLE v. JOHNSON

(KENDAL VERNON)

Petitions for review denied

S241652 B267831 Second Appellate District, Div. 5 PEOPLE v. CASTANEDA

(KEVIN JOSEPH)

Petition for review denied

S241857 A146651 First Appellate District, Div. 5 PEOPLE v. BOOKER (PAUL)

Petition for review denied

S241902 E065440 Fourth Appellate District, Div. 2 PEOPLE v. S. (K.)

Petition for review denied

S241906 F069292 Fifth Appellate District PEOPLE v. ESQUER

(ADRIAN)

Petitions for review denied

S241913 G052614 Fourth Appellate District, Div. 3 PEOPLE v. SANCHEZ

(NEFTALI ZAMBRANO)

Petition for review denied

Page 3: SUPREME COURT MINUTES WEDNESDAY, JULY 19, 2017 SAN

SAN FRANCISCO JULY 19, 2017 1030

S241921 B265958 Second Appellate District, Div. 6 PEOPLE v. BILLIE (ROBERT

LEE)

Petition for review denied

S241923 B266849 Second Appellate District, Div. 7 PEOPLE v. TORRES

(JONATHAN)

Petitions for review denied

S241929 G051853 Fourth Appellate District, Div. 3 PEOPLE v. HAYNES

(LUTHER PETE)

Petition for review denied

S241934 B258732 Second Appellate District, Div. 4 BATZE (GARY) v. SAFEWAY,

INC.

Petition for review denied

S241944 B267828 Second Appellate District, Div. 2 PEOPLE v. MASON (DARRYL

LEYONNE)

Petition for review denied

S241968 A146495 First Appellate District, Div. 2 PACIFIC GAS & ELECTRIC

COMPANY v. S.C. (ROWE)

Petition for review denied

Chin and Corrigan, JJ., were recused and did not participate.

S241981 A145498 First Appellate District, Div. 1 PEOPLE v. TOVAR

(RAFAEL)

Petition for review denied

S241982 D071097 Fourth Appellate District, Div. 1 PEOPLE v. WALKER

(DEONTA)

Petitions for review denied

S241997 B281935 Second Appellate District, Div. 2 G. (A.) v. S.C. (PEOPLE)

Petition for review denied

The request for judicial notice is granted.

Page 4: SUPREME COURT MINUTES WEDNESDAY, JULY 19, 2017 SAN

SAN FRANCISCO JULY 19, 2017 1031

S242031 C077837 Third Appellate District PEOPLE v. MILLER

(RANDALL ALLEN)

Petition for review denied

S242040 A141759 First Appellate District, Div. 4 PEOPLE v. MANCINAS

(CHRISTOPHER)

Petition for review denied

S242045 D070013 Fourth Appellate District, Div. 1 PEOPLE v. RAMIREZ

(URIEL)

Petition for review denied

S242058 C080087 Third Appellate District PEOPLE v. MACIEL

(JOHNNY SEBASTIAN)

Petition for review denied

S242075 G049687 Fourth Appellate District, Div. 3 PEOPLE v. GUERRERO

(FREDDY)

Petition for review denied

S242082 E063608 Fourth Appellate District, Div. 2 PEOPLE v. PIMENTEL

(MARCO ANTONIO)

Petition for review denied

S242085 B265251 Second Appellate District, Div. 3 PEOPLE v. PAZ (JOSE

RODRIGUEZ)

Petition for review denied

S242099 A146680 First Appellate District, Div. 5 PEOPLE v. BECHTOL, JR.,

(DAVID)

Petition for review denied

S242104 G052678 Fourth Appellate District, Div. 3 SUMRALL (MICHAEL J.) v.

MODERN ALLOYS, INC.

Petition for review denied

Page 5: SUPREME COURT MINUTES WEDNESDAY, JULY 19, 2017 SAN

SAN FRANCISCO JULY 19, 2017 1032

S242110 F074527 Fifth Appellate District VALLEY CHILDREN’S

HOSPITAL v. S.C. (MOUA)

Petition for review denied

S242113 C082363 Third Appellate District PEOPLE v. S.C. (RODAS)

Petition for review denied

S242115 C076181 Third Appellate District PEOPLE v. HUBBARD

(CHARLES DANIEL)

Petition for review denied

S242175 D069589 Fourth Appellate District, Div. 1 PEOPLE v. GARCIA (CESAR

CERVANTES)

Petition for review denied

S242182 A147418 First Appellate District, Div. 3 LOANVEST I, LLC v.

UTRECHT (PAUL F.)

Petition for review denied

S242197 B282318 Second Appellate District, Div. 5 McFATRIDGE (JAMES) v.

S.C. (PEOPLE)

Petition for review denied

S242213 C080173 Third Appellate District PEOPLE v. STEWART

(JUSTIN MICHAEL)

Petition for review denied

S242215 F073614 Fifth Appellate District PEOPLE v. VELEZ

(MARCIAL CANURI)

Petition for review denied

S242224 A142573 First Appellate District, Div. 2 HAYES (JOHN) v. KARDOSH

(MOUNIR)

Petition for review denied

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SAN FRANCISCO JULY 19, 2017 1033

S242259 E063693 Fourth Appellate District, Div. 2 PEOPLE v. MARTIN

(DILLON THOMAS)

Petition for review denied

S242268 D070152 Fourth Appellate District, Div. 1 DeNARDI (HAROLD

MICHAEL) v. TPL, LLP

Petition for review denied

S242269 O’NEIL-ROSALES (PEGGY)

v. S.C. (CITIBANK (SOUTH

DAKOTA) N.A.; HUNT &

HENRIQUES)

Petition for writ of mandate/prohibition denied

S242272 B267671 Second Appellate District, Div. 8 FRAZIER (ALICE WINTHER)

v. BEAR STEARNS

RESIDENTIAL MORTGAGE

CORPORATION

Petition for review denied

S242273 C080118 Third Appellate District PEOPLE v. MITCHELL III

(JOHN HENRY)

Petition for review denied

S242278 H044424 Sixth Appellate District ROTHWELL (MICHAEL) ON

H.C.

Petition for review denied

S242313 G052823 Fourth Appellate District, Div. 3 ELIAS (DAVID) v. PACIFIC

ALLIANCE MEDICAL

CENTER

Petition for review denied

S242362 B276920 Second Appellate District, Div. 7 PEOPLE v. REYES

(ALEJANDRO)

Petition for review denied

Page 7: SUPREME COURT MINUTES WEDNESDAY, JULY 19, 2017 SAN

SAN FRANCISCO JULY 19, 2017 1034

S242389 D070006 Fourth Appellate District, Div. 1 SAVE OUR HERITAGE

ORGANISATION v. CITY OF

SAN DIEGO (PLAZA DE

PANAMA COMMITTEE)

Petition for review denied

S242398 B261454 Second Appellate District, Div. 5 WOOSLEY (CHARLES P.) v.

STATE OF CALIFORNIA

Petition for review denied

S242416 B269703 Second Appellate District, Div. 8 PEOPLE v. MILES (DEBRA

LYNN)

Petition for review denied

S242475 H040395 Sixth Appellate District SHAO (LINDA) & WANG

(TSAN-KUEN), MARRIAGE

OF

Petition for review denied

The request for judicial notice is granted.

S242477 B261146 Second Appellate District, Div. 3 M.U.S.E. PICTURE

PRODUCTIONS HOLDING

CORP. II v. WEINBACH

(ROBERT D.)

Petition for review denied

S242482 C074781 Third Appellate District PEOPLE v. MESINAS

(CARLOS GUADALUPE)

Petition for review denied

S242483 B282549 Second Appellate District, Div. 2 WOLFE (ERIC J.) v. S.C.

(PEOPLE)

Petition for review denied

S242491 B267094 Second Appellate District, Div. 2 PEOPLE v. PEATE

(ANTHONY)

Petition for review denied

Page 8: SUPREME COURT MINUTES WEDNESDAY, JULY 19, 2017 SAN

SAN FRANCISCO JULY 19, 2017 1035

S242492 C079794 Third Appellate District WELCH (MELANIE) v.

STATE TEACHERS’

RETIREMENT BOARD

Petition for review denied

S242495 C082703 Third Appellate District PEOPLE v. EDMONDS

(MARK JOSEPH)

Petition for review denied

S242503 B278918 Second Appellate District, Div. 1 IN RE N.P.

Petition for review denied

S242508 B276692 Second Appellate District, Div. 7 PEOPLE v. McGUIRE

(ANTHONY)

Petition for review denied

S242513 C074318 Third Appellate District PEOPLE v. SAVALA (DAVID

HERNANDEZ)

Petition for review denied

S242516 CITIZEN’S UPHOLDING

DEMOCRACY v. CITY OF

REDWOOD CITY (COUNTY

OF SAN MATEO BOARD OF

SUPERVISORS)

Petition for writ of mandate/prohibition denied

S242519 B270228 Second Appellate District, Div. 6 PEOPLE v. MORALES

(RICARDO)

Petition for review denied

S242520 H044297 Sixth Appellate District YAMASAKI (DAVID) v. S.C.

(PERRY)

Petition for review denied

Page 9: SUPREME COURT MINUTES WEDNESDAY, JULY 19, 2017 SAN

SAN FRANCISCO JULY 19, 2017 1036

S242536 E068171 Fourth Appellate District, Div. 2 FREEDOM WON v. S.C.

(COUNTY OF RIVERSIDE)

Petition for review denied

S242542 B282770 Second Appellate District, Div. 7 WEATHERFORD (WALTER)

ON H.C.

Petition for review denied

S242546 A135892 First Appellate District, Div. 1 FRIENDS OF THE COLLEGE

OF SAN MATEO GARDENS v.

SAN MATEO COUNTY

COMMUNITY COLLEGE

DISTRICT

Petition for review & depublication request(s) denied

S242547 B270380 Second Appellate District, Div. 1 PEOPLE v. CHILDRESS

(LAKENDRICK)

Petition for review denied

S242549 B261763 Second Appellate District, Div. 6 PEOPLE v. DAWKINS

(ROBERT MAURICE)

Petition for review denied

S242551 B270212 Second Appellate District, Div. 2 PEOPLE v. BENSON (AARON

DANIEL)

Petition for review denied

S242552 B265766 Second Appellate District, Div. 8 PEOPLE v. BERRYMAN

(JAMES JERON)

Petition for review denied

S242560 H044674 Sixth Appellate District MALDONADO (MICHAEL) v.

S.C. (PEOPLE)

Petition for review denied

Page 10: SUPREME COURT MINUTES WEDNESDAY, JULY 19, 2017 SAN

SAN FRANCISCO JULY 19, 2017 1037

S242566 EVANS (KENNETH) v. S.C.

(PEOPLE)

Petition for writ of mandate/prohibition denied

S242574 G052457 Fourth Appellate District, Div. 3 IN RE A.S.

Petition for review denied

S242575 B276970 Second Appellate District, Div. 4 PEOPLE v. VALLE (BRYAN)

Petition for review denied

S242582 C079461 Third Appellate District PEOPLE v. O’NEILL (NEAL

ALLEN)

Petition for review denied

S242588 B282846 Second Appellate District, Div. 8 CACHU (JORGE) v. S.C.

(PEOPLE)

Petition for review denied

S242600 C079293 Third Appellate District PEOPLE v. WILLIAMS

(MARCEL)

Petition for review denied

S242605 B275879 Second Appellate District, Div. 2 PEOPLE v. JACKSON

(DERRICK LEE)

Petition for review denied

S242608 B269984 Second Appellate District, Div. 1 PEOPLE v. MOOREHEAD

(JAMES ARTHUR)

Petition for review denied

S242614 D072260 Fourth Appellate District, Div. 1 ACEDO (DANIEL) v. S.C.

(PEOPLE)

Petition for review denied

Page 11: SUPREME COURT MINUTES WEDNESDAY, JULY 19, 2017 SAN

SAN FRANCISCO JULY 19, 2017 1038

S242617 B271310 Second Appellate District, Div. 2 PEOPLE v. SHEPHERD

(EDDIS C.)

Petition for review denied

S242620 C082100 Third Appellate District PEOPLE v. BERNAL

(CHRISTOPHER ERIC)

Petition for review denied

S242697 C081810 Third Appellate District PEOPLE v. FISHER (JACOB

REED)

Petition for review denied

S242881 C084908 Third Appellate District PEOPLE v. BELYEW (LISA)

Petition for review denied

S242948 CLARK (RAYMOND) v.

CALIFORNIA DEPARTMENT

OF CORRECTIONS &

REHABILITATION (LESINA)

Petition for writ of mandate/prohibition denied

The petition for writ of mandamus is denied.

S243246 G055194 Fourth Appellate District, Div. 3 MOGHAREBI (KERRY) v.

S.C. (BATH)

Petition for review & application for stay denied

S237497 MONTUE (JOHN) ON H.C.

The petition for writ of habeas corpus is denied without prejudice to any relief to which petitioner

might be entitled after this court decides Butler on Habeas Corpus, S237014.

S237660 JEON (IK SOO) ON H.C.

Petition for writ of habeas corpus denied

Page 12: SUPREME COURT MINUTES WEDNESDAY, JULY 19, 2017 SAN

SAN FRANCISCO JULY 19, 2017 1039

S237668 CHAVIRA (ROBERT) ON

H.C.

The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780

[courts will not entertain habeas corpus claims that are untimely]; In re Clark (1993) 5 Cal.4th

750, 767-769 [courts will not entertain habeas corpus claims that are successive].)

S237942 CURTIS II (ROSS JAY) ON

H.C.

The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780

[courts will not entertain habeas corpus claims that are untimely].)

S239278 TITUS (MARVIN DOUGLAS)

ON H.C.

The Attorney General’s request for judicial notice is granted. The petition for writ of habeas

corpus is denied.

S240002 ALVAREZ (RAUL) ON H.C.

The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780

[courts will not entertain habeas corpus claims that are untimely]; People v. Duvall (1995) 9

Cal.4th 464, 474 [a petition for writ of habeas corpus must include copies of reasonably available

documentary evidence]; In re Dixon (1953) 41 Cal.2d 756, 759 [courts will not entertain habeas

corpus claims that could have been, but were not, raised on appeal].)

S240008 HANEY (LA VON) ON H.C.

The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464, 474

[a petition for writ of habeas corpus must include copies of reasonably available documentary

evidence]; In re Dexter (1979) 25 Cal.3d 921, 925-926 [a habeas corpus petitioner must exhaust

available administrative remedies].)

S240010 LOPEZ (ELEOBARDO) ON

H.C.

The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780

[courts will not entertain habeas corpus claims that are untimely]; In re Clark (1993) 5 Cal.4th

750, 767-769 [courts will not entertain habeas corpus claims that are successive].)

Page 13: SUPREME COURT MINUTES WEDNESDAY, JULY 19, 2017 SAN

SAN FRANCISCO JULY 19, 2017 1040

S240035 WHEELER-REYNOLDS

(MARYLYNN) ON H.C.

The petition for writ of habeas corpus is denied as moot.

S240073 VARNADO (TROY) ON H.C.

Petition for writ of habeas corpus denied

S240179 YOUNGBLOOD (JESSE L.)

ON H.C.

Petition for writ of habeas corpus denied

S240201 SANCHEZ (COLT H.) ON

H.C.

Petition for writ of habeas corpus denied

S240428 ROSADO, SR., (GEORGE

DAVID) ON H.C.

Petition for writ of habeas corpus denied

S240473 QUINTERO (MANUEL) ON

H.C.

Petition for writ of habeas corpus denied

S240896 JUAREZ (ALEX) ON H.C.

Petition for writ of habeas corpus denied

S241095 TURNER (ANTHONY R.) ON

H.C.

The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780

[courts will not entertain habeas corpus claims that are untimely]; In re Clark (1993) 5 Cal.4th

750, 767-769 [courts will not entertain habeas corpus claims that are successive]; People v. Duvall

(1995) 9 Cal.4th 464, 474 [a petition for writ of habeas corpus must include copies of reasonably

available documentary evidence]; In re Swain (1949) 34 Cal.2d 300, 304 [a petition for writ of

habeas corpus must allege sufficient facts with particularity].)

Page 14: SUPREME COURT MINUTES WEDNESDAY, JULY 19, 2017 SAN

SAN FRANCISCO JULY 19, 2017 1041

S241119 VALDIVIA (ANTHONY

EUGENE) ON H.C.

The petition for writ of habeas corpus is denied. (See In re Clark (1993) 5 Cal.4th 750, 767-769

[courts will not entertain habeas corpus claims that are successive].)

S241165 TILTON (MICHAEL) ON H.C.

Petition for writ of habeas corpus denied

S241291 WOODS (CEDRIC JAMAR)

ON H.C.

Petition for writ of habeas corpus denied

S241292 SPICER (STAFFORD JOEL)

ON H.C.

Petition for writ of habeas corpus denied

S241293 HICKS (KEVIN) ON H.C.

Petition for writ of habeas corpus denied

S241463 CAMPOS (SASHA E.) ON H.C.

Petition for writ of habeas corpus denied

S241482 CRESSLER (BRIAN) ON H.C.

Petition for writ of habeas corpus denied

S241562 CHAVEZ (ENRIQUE) ON

H.C.

The petition for writ of habeas corpus is denied. (See In re Miller (1941) 17 Cal.2d 734, 735

[courts will not entertain habeas corpus claims that are repetitive].)

S241590 BLOXTON (DANTE) ON H.C.

Petition for writ of habeas corpus denied

S241617 ALLEN (CARL) ON H.C.

Petition for writ of habeas corpus denied

Page 15: SUPREME COURT MINUTES WEDNESDAY, JULY 19, 2017 SAN

SAN FRANCISCO JULY 19, 2017 1042

S241636 GUZMAN (JERRY) ON H.C.

Petition for writ of habeas corpus denied

S241637 SPIVEY (XAVIER) ON H.C.

The petition for writ of habeas corpus is denied. (See In re Dixon (1953) 41 Cal.2d 756, 759

[courts will not entertain habeas corpus claims that could have been, but were not, raised on

appeal]; In re Lindley (1947) 29 Cal.2d 709, 723 [courts will not entertain habeas corpus claims

that attack the sufficiency of the evidence].)

S241640 GUEVARA (JOSE) ON H.C.

The petition for writ of habeas corpus is denied without prejudice to any relief to which petitioner

might be entitled after this court decides Butler on Habeas Corpus, S237014.

S241764 LAYTON (TIMOTHY PAUL)

ON H.C.

Petition for writ of habeas corpus denied

S241824 BARNO (RODNEY B.) ON

H.C.

Petition for writ of habeas corpus denied

S241854 MOSSMAN (MICHAEL) ON

H.C.

Petition for writ of habeas corpus denied

S241891 RAZO (JUAN JOSE) ON H.C.

Petition for writ of habeas corpus denied

S241894 CARR (MARION A.) ON H.C.

The petition for writ of habeas corpus is denied without prejudice to any relief to which petitioner

might be entitled after this court decides Butler on Habeas Corpus, S237014.

Page 16: SUPREME COURT MINUTES WEDNESDAY, JULY 19, 2017 SAN

SAN FRANCISCO JULY 19, 2017 1043

S241910 ERVIN (OTIS FITZGERALD)

ON H.C.

The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780

[courts will not entertain habeas corpus claims that are untimely]; In re Clark (1993) 5 Cal.4th

750, 767-769 [courts will not entertain habeas corpus claims that are successive].) Individual

claims are denied, as applicable. (See In re Dixon (1953) 41 Cal.2d 756, 759 [courts will not

entertain habeas corpus claims that could have been, but were not, raised on appeal]; In re Lindley

(1947) 29 Cal.2d 709, 723 [courts will not entertain habeas corpus claims that attack the

sufficiency of the evidence]; In re Miller (1941) 17 Cal.2d 734, 735 [courts will not entertain

habeas corpus claims that are repetitive].)

S241917 WILLIAMS (BOBBY JAMES)

ON H.C.

Petition for writ of habeas corpus denied

S241925 PETERSON (RICHARD

ANTHONY) ON H.C.

Petition for writ of habeas corpus denied

S241927 CARNEY (MICHAEL) ON

H.C.

Petition for writ of habeas corpus denied

S241932 MARSHALL (JOSEPH

TYREE) ON H.C.

Petition for writ of habeas corpus denied

S241960 PONCE (CARLOS ESPARZA)

ON H.C.

Petition for writ of habeas corpus denied

S241963 PEDDY (DENNIS) ON H.C.

Petition for writ of habeas corpus denied

S241965 FURNESS (TERRANCE) ON

H.C.

Petition for writ of habeas corpus denied

Page 17: SUPREME COURT MINUTES WEDNESDAY, JULY 19, 2017 SAN

SAN FRANCISCO JULY 19, 2017 1044

S241966 SOUN (BONSET) ON H.C.

Petition for writ of habeas corpus denied

S241988 WILLIAMS (DAMON) ON

H.C.

Petition for writ of habeas corpus denied

S242020 DOOLEY, JR., (BILLEY L.)

ON H.C.

Petition for writ of habeas corpus denied

S242060 WALZ (PHILIP EDWARD)

ON H.C.

Petition for writ of habeas corpus denied

S242071 SHIPP (MICHAEL DAVID)

ON H.C.

Petition for writ of habeas corpus denied

S242091 ALLEN (JIMMY DOYLE) ON

H.C.

The petition for writ of habeas corpus is denied without prejudice to any relief to which petitioner

might be entitled after this court decides Butler on Habeas Corpus, S237014.

S242094 VENTURA (WILBER

ANTONIO) ON H.C.

Petition for writ of habeas corpus denied

S242096 WILLIAMS (PAUL RAY) ON

H.C.

The petition for writ of habeas corpus is denied without prejudice to any relief to which petitioner

might be entitled after this court decides Butler on Habeas Corpus, S237014.

Page 18: SUPREME COURT MINUTES WEDNESDAY, JULY 19, 2017 SAN

SAN FRANCISCO JULY 19, 2017 1045

S242142 HAWKINS (JOSHUA) ON

H.C.

The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780

[courts will not entertain habeas corpus claims that are untimely]; In re Waltreus (1965) 62 Cal.2d

218, 225 [courts will not entertain habeas corpus claims that were rejected on appeal]; In re

Lindley (1947) 29 Cal.2d 709, 723 [courts will not entertain habeas corpus claims that attack the

sufficiency of the evidence].)

S242145 RUTH (EBER G.) ON H.C.

The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464, 474

[a petition for writ of habeas corpus must include copies of reasonably available documentary

evidence]; In re Swain (1949) 34 Cal.2d 300, 304 [a petition for writ of habeas corpus must allege

sufficient facts with particularity].)

S242146 BUSTAMANTE (MIGUEL

ADOLFO) ON H.C.

The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464, 474

[a petition for writ of habeas corpus must include copies of reasonably available documentary

evidence]; In re Swain (1949) 34 Cal.2d 300, 304 [a petition for writ of habeas corpus must allege

sufficient facts with particularity].)

S242147 SMITH (CLIFFORD PAUL)

ON H.C.

Petition for writ of habeas corpus denied

S242160 DIAZ (LUIS RAUL) ON H.C.

The petition for writ of habeas corpus is denied. (See In re Dixon (1953) 41 Cal.2d 756, 759

[courts will not entertain habeas corpus claims that could have been, but were not, raised on

appeal].)

S242306 MACY (DANIEL JAMES) ON

H.C.

The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464, 474

[a petition for writ of habeas corpus must include copies of reasonably available documentary

evidence]; In re Swain (1949) 34 Cal.2d 300, 304 [a petition for writ of habeas corpus must allege

sufficient facts with particularity].)

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SAN FRANCISCO JULY 19, 2017 1046

S242307 TURNER (ANTHONY R.) ON

H.C.

The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780

[courts will not entertain habeas corpus claims that are untimely]; In re Clark (1993) 5 Cal.4th

750, 767-769 [courts will not entertain habeas corpus claims that are successive]; People v. Duvall

(1995) 9 Cal.4th 464, 474 [a petition for writ of habeas corpus must include copies of reasonably

available documentary evidence]; In re Swain (1949) 34 Cal.2d 300, 304 [a petition for writ of

habeas corpus must allege sufficient facts with particularity].)

S242557 PIERCE (AMBER MICHELE)

ON H.C.

The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464, 474

[a petition for writ of habeas corpus must include copies of reasonably available documentary

evidence]; In re Swain (1949) 34 Cal.2d 300, 304 [a petition for writ of habeas corpus must allege

sufficient facts with particularity].)

S241653 B272043 Second Appellate District, Div. 7 IN RE L.J.

Publication request denied (case closed)

The request for an order directing partial publication of the opinion in the above-entitled appeal is

denied.

S241828 B266665 Second Appellate District, Div. 2 AIDS HEALTHCARE

FOUNDATION v. COUNTY

OF LOS ANGELES

Publication request denied (case closed)

S241951 B271157 Second Appellate District, Div. 8 EMMETT FURLA OASIS

FILMS, LLC v. MORGAN

CREEK PRODUCTIONS, INC.

Publication request denied (case closed)

S242607 C081229 Third Appellate District IN RE G.H.

Publication request denied (case closed)

S242013 H042189 Sixth Appellate District PEOPLE v. ELDER (STUART

ANDREW)

The time for granting or denying review in the above-entitled matter is hereby extended to

August 28, 2017.

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SAN FRANCISCO JULY 19, 2017 1047

S242014 A147957 First Appellate District, Div. 3 CARR (MARC ANTHONY-

TOISAAN) v. S.C.

(CALIFORNIA

DEPARTMENT OF

DEVELOPMENTAL

SERVICES)

The time for granting or denying review in the above-entitled matter is hereby extended to

September 1, 2017.

S242077 A145796 First Appellate District, Div. 5 PEOPLE v. JONES (MARK

ANTHONY)

The time for granting or denying review in the above-entitled matter is hereby extended to

August 30, 2017.

S242193 H044083 Sixth Appellate District WILLOUGHBY (PAMELA

McGOWNE)v. WORKERS’

COMPENSATION APPEALS

BOARD & AIG CLAIMS

COSTA MESA

The time for granting or denying review in the above-entitled matter is hereby extended to

September 1, 2017.

S242201 D069831 Fourth Appellate District, Div. 1 PEOPLE v. MORRISON

(RYAN)

The time for granting or denying review in the above-entitled matter is hereby extended to

August 30, 2017.

S242204 G051956 Fourth Appellate District, Div. 3 NAUTILUS, INC. v. YANG

(CHAO CHEN); URBAN

FINANCIAL GROUP, INC.

The time for granting or denying review in the above-entitled matter is hereby extended to

August 28, 2017.

S242210 G053359 Fourth Appellate District, Div. 3 SANDOVAL (JONATHAN

AGUILAR) ON H.C.

The time for granting or denying review in the above-entitled matter is hereby extended to

August 28, 2017.

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SAN FRANCISCO JULY 19, 2017 1048

S242212 A142488 First Appellate District, Div. 2 PEOPLE v. SALVADOR

(HUMBERTO)

The time for granting or denying review in the above-entitled matter is hereby extended to

September 1, 2017.

S242250 C079270 Third Appellate District QUIGLEY (REBECCA

MEGAN) v. GARDEN

VALLEY FIRE PROTECTION

DISTRICT

The time for granting or denying review in the above-entitled matter is hereby extended to

August 29, 2017.

S242277 E064374 Fourth Appellate District, Div. 2 PEOPLE v. COSTELLA

(KEITH JULIAN)

The time for granting or denying review in the above-entitled matter is hereby extended to

August 30, 2017.

S242301 D069000 Fourth Appellate District, Div. 1 PEOPLE v. V. (R.)

The time for granting or denying review in the above-entitled matter is hereby extended to

August 31, 2017.

S242333 H043097 Sixth Appellate District PEOPLE v. SHAH (SYED)

The time for granting or denying review in the above-entitled matter is hereby extended to

September 1, 2017.

S242344 C078706 Third Appellate District JACKSON, CITY OF v.

WORKERS’

COMPENSATION APPEALS

BOARD & RICE

(CHRISTOPHER)

The time for granting or denying review in the above-entitled matter is hereby extended to

August 31, 2017.

S242358 G052490 Fourth Appellate District, Div. 3 MARTINEZ (ADAM) v.

ASPLUNDH TREE EXPERT

CO.

The time for granting or denying review in the above-entitled matter is hereby extended to

September 1, 2017.

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SAN FRANCISCO JULY 19, 2017 1049

S242365 H043005 Sixth Appellate District PEOPLE v. DAVIDSON

(RICHARD CARLTON)

The time for granting or denying review in the above-entitled matter is hereby extended to

September 1, 2017.

S242371 B269349 Second Appellate District, Div. 5 PEOPLE v. POU

(ALEXANDER CHIANG)

The time for granting or denying review in the above-entitled matter is hereby extended to

September 1, 2017.

S242425 E065476 Fourth Appellate District, Div. 2 PEOPLE v. CHESSHIR

(CRISS DUANE)

The time for granting or denying review in the above-entitled matter is hereby extended to

September 6, 2017.

S242440 B275435 Second Appellate District, Div. 3 ABEBE (AFSAW) v. S.C.

(PEOPLE)

The time for granting or denying review in the above-entitled matter is hereby extended to

September 7, 2017.

S242444 G052076 Fourth Appellate District, Div. 3 PEOPLE v. GONZALEZ

(DAVID XAVIER)

The time for granting or denying review in the above-entitled matter is hereby extended to

September 7, 2017.

S107653 PEOPLE v. CRAWFORD

(CHARLES EDWARD)

Extension of time granted

Good cause appearing, and based upon counsel David Joseph Macher’s representation that the

appellant’s reply brief is anticipated to be filed by November 20, 2017, an extension of time in

which to file that brief is granted to September 19, 2017. After that date, only one further

extension totaling about 63 additional days is contemplated.

An application to file an overlength brief must be served and filed no later than 60 days before the

anticipated filing date. (See Cal. Rules of Court, rule 8.631(d)(1)(A)(ii) & (B)(ii).)

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SAN FRANCISCO JULY 19, 2017 1050

S136171 PEOPLE v. WESSON

(MARCUS DELON)

Extension of time granted

Good cause appearing, and based upon counsel Mark E. Cutler’s representation that the

appellant’s reply brief is anticipated to be filed by November 22, 2017, an extension of time in

which to file that brief is granted to September 23, 2017. After that date, only one further

extension totaling about 59 additional days is contemplated.

An application to file an overlength brief must be served and filed no later than 60 days before the

anticipated filing date. (See Cal. Rules of Court, rule 8.631(d)(1)(A)(ii) & (B)(ii).)

S162197 PEOPLE v. VICTORIANNE

(JAVIER WILLIAM)

Application to file over-length brief denied

The application to file an overlength appellant’s opening brief is denied without prejudice to a

more specific showing of need, based upon the factors enumerated in California Rules of Court,

rule 8.631(c). (See Cal. Rules of Court, rule 8.631(d)(3)(B).) Any such renewed application must

be served and filed no later than 14 days after the date of this order.

S170293 PEOPLE v. DENNIS (CALVIN

JERMAINE) & INGRAM

(REYON TWAIN)

Extension of time granted

Good cause appearing, and based upon counsel Patricia L. Brisbois’s representation that appellant

Calvin Dennis’s opening brief is anticipated to be filed by November 15, 2017, an extension of

time in which to file that brief is granted to September 18, 2017. After that date, only one further

extension totaling about 60 additional days is contemplated.

An application to file an overlength brief must be served and filed no later than 60 days before the

anticipated filing date. (See Cal. Rules of Court, rule 8.631(d)(1)(A)(ii) & (B)(ii).)

S170293 PEOPLE v. DENNIS (CALVIN

JERMAINE) & INGRAM

(REYON TWAIN)

Extension of time granted

Good cause appearing, and based upon Supervising Deputy State Public Defender Christina A.

Spaulding’s representation that appellant Reyon T. Ingram’s opening brief is anticipated to be

filed by November 19, 2018, an extension of time in which to file that brief is granted to

September 18, 2017. After that date, only seven further extensions totaling about 428 additional

days will be granted.

An application to file an overlength brief must be served and filed no later than 60 days before the

anticipated filing date. (See Cal. Rules of Court, rule 8.631(d)(1)(A)(ii) & (B)(ii).)

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SAN FRANCISCO JULY 19, 2017 1051

S180912 ADCOX (KEITH EDWARD)

ON H.C.

Extension of time granted

Good cause appearing, and based upon counsel Wendy Peoples’s representation that the traverse

to the order to show cause is anticipated to be filed by August 18, 2017, an extension of time in

which to file that document is granted to August 18, 2017. After that date, no further extension is

contemplated.

S185140 PEOPLE v. HEARD (JAMES

MATTHEW)

Extension of time granted

Good cause appearing, and based upon counsel Jonathan P. Milberg’s representation that the

appellant’s opening brief is anticipated to be filed by May 1, 2018, an extension of time in which

to file that brief is granted to September 15, 2017. After that date, only four further extensions

totaling about 227 additional days are contemplated.

An application to file an overlength brief must be served and filed no later than 60 days before the

anticipated filing date. (See Cal. Rules of Court, rule 8.631(d)(1)(A)(ii) & (B)(ii).)

S185201 PEOPLE v. ALDANA

(ROMAN GABRIEL)

Extension of time granted

Good cause appearing, and based upon counsel Patricia A. Scott’s representation that the

appellant’s opening brief is anticipated to be filed by January 29, 2018, an extension of time in

which to file that brief is granted to September 18, 2017. After that date, only three further

extensions totaling 132 additional days will be granted.

An application to file an overlength brief must be served and filed no later than 60 days before the

anticipated filing date. (See Cal. Rules of Court, rule 8.631(d)(1)(A)(ii) & (B)(ii).)

S185640 PEOPLE v. KELLEY (JIMMY

DALE)

Extension of time granted

Good cause appearing, and based upon counsel Diane E. Berley’s representation that the

appellant’s opening brief is anticipated to be filed by March 15, 2018, an extension of time in

which to file that brief is granted to September 15, 2017. After that date, only three further

extensions totaling about 180 additional days are contemplated.

An application to file an overlength brief must be served and filed no later than 60 days before the

anticipated filing date. (See Cal. Rules of Court, rule 8.631(d)(1)(A)(ii) & (B)(ii).)

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SAN FRANCISCO JULY 19, 2017 1052

S186360 PEOPLE v. RODRIGUEZ

(ANTONIO)

Extension of time granted

Good cause appearing, and based upon counsel Sharon Fleming’s representation that the

appellant’s opening brief is anticipated to be filed by November 15, 2017, an extension of time in

which to file that brief is granted to September 8, 2017. After that date, only one further

extension totaling about 67 additional days is contemplated.

An application to file an overlength brief must be served and filed no later than 60 days before the

anticipated filing date. (See Cal. Rules of Court, rule 8.631(d)(1)(A)(ii) & (B)(ii).)

S191346 PEOPLE v. BERNOUDY

(KEVIN)

Extension of time granted

On application of appellant and good cause appearing, it is ordered that the time to serve and file

appellant’s opening brief is extended to September 15, 2017.

S199667 PEOPLE v. GRAHAM

(JAWAUN DEION)

Extension of time granted

Good cause appearing, and based upon Supervising Deputy State Public Defender Jolie Lipsig’s

representation that the appellant’s opening brief is anticipated to be filed by January 14, 2019, an

extension of time in which to file that brief is granted to September 12, 2017. After that date, only

eight further extensions totaling about 488 additional days will be granted.

An application to file an overlength brief must be served and filed no later than 60 days before the

anticipated filing date. (See Cal. Rules of Court, rule 8.631(d)(1)(A)(ii) & (B)(ii).)

S214388 PEOPLE v. AGUILAR

(JEFFREY)

Extension of time granted

On application of appellant and good cause appearing, it is ordered that the time to serve and file

appellant’s opening brief is extended to September 18, 2017.

S242538 NAVARRO (ANTHONY) ON

H.C.

Extension of time granted

Good cause appearing, and based upon Deputy Attorney General Christine Levingston Bergman’s

representation that the informal response to the petition for writ of habeas corpus is anticipated to

be filed by March 13, 2018, an extension of time in which to file that document is granted to

September 11, 2017. After that date, only three further extensions totaling about 182 additional

days are contemplated.

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SAN FRANCISCO JULY 19, 2017 1053

S242638 D072224 Fourth Appellate District, Div. 1 SURRELL (CARL WAYNE)

ON H.C.

Extension of time granted

On application of petitioner and good cause appearing, it is ordered that the time to serve and file

the reply to answer to petition for review is extended to July 31, 2017.

S138474 PEOPLE v. ANDERSON

(ERIC STEVE)

Motion denied

The application of appointed appellate counsel for permission to withdraw as attorney of record

for appellant Eric Steve Anderson, filed June 22, 2017, is denied for failure to comply with Policy

2 (“Withdrawal of counsel”) of the Supreme Court Policies Regarding Cases Arising From

Judgments of Death.

S175660 PEOPLE v. AGUIRRE (JASON

ALEJANDRO)

Order filed

Good cause appearing, appellant’s “Application For Relief From Default,” filed on July 17, 2017,

is granted.

S230767 PEOPLE v. STANLEY

(GERALD FRANK)

Order filed

The order filed in the above matter on July 18, 2017, is amended to read as follows:

On application of respondent and good cause appearing, it is ordered that the time to serve and file

respondent’s brief is extended to September 8, 2017.

S242470 ACCUSATION OF

CLEMENTS

Petition denied (accusation)

S242497 ACCUSATION OF McGRIAL

Petition denied (accusation)

S242556 ACCUSATION OF STORMAN

Petition denied (accusation)