supreme court minutes wednesday, june 29, 2016 san
TRANSCRIPT
1121
SUPREME COURT MINUTES
WEDNESDAY, JUNE 29, 2016
SAN FRANCISCO, CALIFORNIA
S185447 ROLDAN (RICARDO) ON
H.C.
Order to show cause issued
Petitioner’s “Motion for Permission to File June 2, 2016, Letter Brief,” filed in this court on
June 10, 2016, is granted.
The Secretary of the Department of Corrections and Rehabilitation is ordered to show cause
before this court, when the matter is placed on calendar, why the relief prayed for should not be
granted on the ground that, as alleged in Claim Three of the petition for a writ of habeas corpus,
Juror D. H. concealed on pretrial voir dire that she was acquainted with the prosecutor and had
previously worked with him. (See In re Hitchings (1993) 6 Cal.4th 97, 111 [“A juror who
conceals relevant facts or gives false answers during the voir dire examination . . . undermines the
jury selection process and commits misconduct.”]; In re Wallace (1944) 24 Cal.2d 933, 938 [“A
prospective juror would hardly commit perjury to conceal his relationship with one of the
prosecutors if he were not prejudiced.”].)
The written return is to be filed and served on or before July 29, 2016.
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S234148 E063664 Fourth Appellate District, Div. 2 CALIFORNIA CANNABIS
COALITION v. CITY OF
UPLAND
Petition for review granted
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S234295 A143376 First Appellate District, Div. 5 IN RE R.C.
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 In re A.S., S220280 (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.
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
SAN FRANCISCO JUNE 29, 2016 1122
S234752 H042345 Sixth Appellate District PEOPLE v. SMEDLEY
(TIMOTHY ERROL)
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. Romanowski, S231405 (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.
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S234770 F070902 Fifth Appellate District PEOPLE v. BAKER (BRUCE
OWEN)
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. Chaney, S223676, and People v. Valencia, S223825
(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.
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S234827 B262908 Second Appellate District, Div. 5 PEOPLE v. LOPEZ (CARLOS)
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. Chaney, S223676, and People v. Valencia, S223825
(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.
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S234829 A146136 First Appellate District, Div. 1 IN RE A.D.
Petition for review granted; briefing deferred
The petition for review is granted. Further action in this matter is deferred pending consideration
and disposition of related issues in People v. Hall, S227193, and In re Ricardo P., S230923 (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.
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
SAN FRANCISCO JUNE 29, 2016 1123
S233936 G052777 Fourth Appellate District, Div. 3 REYES (BENITO) ON H.C.
Petition for review granted; transferred to Court of Appeal, Fourth Appellate District, Division
Three, with directions to issue an order to show cause
The petition for review is granted. The matter is transferred to the Court of Appeal, Fourth
Appellate District, Division Three. That court is ordered to vacate its summary denial dated
April 12, 2016, and is further ordered to issue an order to show cause, returnable before the
Orange County Superior Court. The Secretary of the Department of Corrections and
Rehabilitation is to be ordered to show cause, when the matter is placed on calendar, why
petitioner is not entitled to make a record of “mitigating evidence tied to his youth.” (See People
v. Franklin (2016) 63 Cal.4th 261, 268-269, 283-284.) The return is to be filed on or before
July 29, 2016.
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S234319 WILLIAMS (BRIAND) ON
H.C.
Order to show cause issued, returnable in Superior Court
The Sheriff of Los Angeles County is ordered to show cause before the Los Angeles County
Superior Court, when the matter is placed on calendar, why a condition requiring petitioner to
show proof of registration pursuant to Penal Code section 290 could properly be added to
petitioner’s terms of bail absent a change in circumstances and without proper notice and an
opportunity to be heard. (Gray v. Superior Court (2005) 125 Cal.App.4th 629, 643-644.)
Petitioner’s application for a stay is denied.
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S212511 B241630 Second Appellate District, Div. 1 LEOS (ALEXIS) v. DARDEN
RESTAURANTS, INC.
Dismissed and remanded to Court of Appeal, Second Appellate District, Division One
Review in the above-captioned matter, which was granted and held for Baltazar v. Forever 21,
Inc. (2016) 62 Cal.4th 1237, is hereby dismissed. (Rule 8.528(b)(1).)
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
SAN FRANCISCO JUNE 29, 2016 1124
S220237 B243141 Second Appellate District, Div. 8 SABIA (FRANK) v. ORANGE
COUNTY METRO REALTY,
INC.
Dismissed and remanded to Court of Appeal, Second Appellate District, Division Eight
Review in the above-captioned matter, which was granted and held for Baltazar v. Forever 21,
Inc. (2016) 62 Cal.4th 1237, is hereby dismissed. (Rule 8.528(b)(1).)
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S235531 ROBINSON (ERIC M.) v.
SUPREME COURT OF
CALIFORNIA (PEOPLE)
Petition stricken (case closed)
Due to clerical error, the petition for writ of mandate filed June 24, 2016, in the above-entitled
matter is hereby stricken.
S233980 A139127 First Appellate District, Div. 5 PEOPLE v. RUIZ (IGNACIO)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234028 D068710 Fourth Appellate District, Div. 1 PEOPLE v. LEGASPI
(ANTHONY JOHN)
Petitions for review denied
Corrigan, J., was absent and did not participate.
S234050 B264922 Second Appellate District, Div. 2 PEOPLE v. MARTINEZ
(DANIEL ALBERT)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234063 B263056 Second Appellate District, Div. 7 AMLAP ST, LLC v. ASSET
MANAGEMENT
CONSULTANTS, INC.
Petitions for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 29, 2016 1125
S234067 B263144 Second Appellate District, Div. 2 PEOPLE v. ROMERO
(NICHOLAS)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234101 F069388 Fifth Appellate District PEOPLE v. DARDEN, JR.,
(MICHAEL TRAVIS)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234118 C069965 Third Appellate District PEOPLE v. MEDINA
(ANTHONY ARTURO)
Petitions for review denied
Corrigan, J., was absent and did not participate.
S234164 F070948 Fifth Appellate District PEOPLE v. NICCOLI (BRYAN
VICTOR)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234169 G049686 Fourth Appellate District, Div. 3 PEOPLE v. HERRERA (LUIS
A.)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234195 B263840 Second Appellate District, Div. 2 PEOPLE v. ROSELLO
(SCOTT)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234220 E063719 Fourth Appellate District, Div. 2 PEOPLE v. GONZALEZ
(GERARDO ALONSO)
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 29, 2016 1126
S234240 D069277 Fourth Appellate District, Div. 1 PEOPLE v. REYES (LEONEL
LOPEZ)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234254 B262310 Second Appellate District, Div. 1 BLOIS CONSTRUCTION INC.
v. FCI/FLUOR/PARSONS
Petition for review denied
Corrigan, J., was absent and did not participate.
S234260 F071276 Fifth Appellate District PEOPLE v. MASSEY
(CHARLES DWAYNE)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234263 H042115 Sixth Appellate District PEOPLE v. SOTO (MARIO
LOPEZ)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234267 B262186 Second Appellate District, Div. 8 FENIMORE (LINDSEY) v.
REGENTS OF THE
UNIVERSITY OF
CALIFORNIA
Petition for review & depublication request(s) denied
Corrigan, J., was absent and did not participate.
S234268 F070350 Fifth Appellate District PEOPLE v. GALLAGHER
(BRET)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234283 G050645 Fourth Appellate District, Div. 3 PEOPLE v. VIZCARRA
(LORENZO JUNIOR)
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 29, 2016 1127
S234291 B271643 Second Appellate District, Div. 7 VAN SMITH (THEODRIC) v.
S.C. (PEOPLE)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234310 B262378 Second Appellate District, Div. 6 PEOPLE v. YESCAS III
(RAUL ANTONIO)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234314 C081602 Third Appellate District GONZALEZ (JUAN) ON H.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
S234332 E063087 Fourth Appellate District, Div. 2 PEOPLE v. STAPLETON
(AARON JOSEPH)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234336 D069429 Fourth Appellate District, Div. 1 PEOPLE v. CORONADO
(MIGUEL)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234347 C081736 Third Appellate District DEANY (THOMAS P.) v. S.C.
(HILL)
Petition for review & application for stay denied
Corrigan, J., was absent and did not participate.
S234355 C073360 Third Appellate District PEOPLE v. SANCHEZ
(SANTIAGO)
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 29, 2016 1128
S234356 G050983 Fourth Appellate District, Div. 3 PEOPLE v. LOGAN
(RICHARD ALAN)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234364 C075575 Third Appellate District PEOPLE v. KOENIG-KRUTZ
(KIMBERLY MARIE)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234381 D065747 Fourth Appellate District, Div. 1 PEOPLE v. BENITEZ
(RAMON BENITO)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234396 H041476 Sixth Appellate District PEOPLE v. McDANIELS
(LYNETTE)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234437 D068560 Fourth Appellate District, Div. 1 PEOPLE v. RAMIREZ, JR.,
(ALBERTO)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234442 B261648 Second Appellate District, Div. 2 PEOPLE v. LEYVA (FREDDY)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234450 A148021 First Appellate District, Div. 4 POWELL (QUINDALE) ON
H.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 29, 2016 1129
S234542 F070813 Fifth Appellate District KERN, COUNTY OF v.
T.C.E.F., INC.
Petition for review denied
Corrigan, J., was absent and did not participate.
S234581 B266960 Second Appellate District, Div. 6 PEOPLE v. CONTRERAS
(JORGE DIAZ)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234582 B267919 Second Appellate District, Div. 2 PEOPLE v. ALBERT
(CORBY)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234585 B264716 Second Appellate District, Div. 2 HEDGES (MARK) v. RUBIN
(MARCY GRAY)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234586 E060992 Fourth Appellate District, Div. 2 LOZANO (AFRA) v. AWI
MANAGEMENT
CORPORATION
Petition for review denied
Corrigan, J., was absent and did not participate.
S234596 F072785 Fifth Appellate District SWEET (HELEN) ON H.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
S234600 B262767 Second Appellate District, Div. 2 HEDGES (MARK) v. RUBIN
(MARCY GRAY)
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 29, 2016 1130
S234618 C081808 Third Appellate District PEOPLE v. HALL (TIMOTHY
HUGH)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234650 D067307 Fourth Appellate District, Div. 1 PEOPLE v. ALEXANDER
(KENDAL JOHN)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234676 C078042 Third Appellate District PEOPLE v. PEREZ (LISA
DAWN)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234677 F070398 Fifth Appellate District PEOPLE v. HUGHES (SEAN)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234678 D067769 Fourth Appellate District, Div. 1 PEOPLE v. CUETO
(ODLENAIR)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234680 C079172 Third Appellate District PEOPLE v. PIPER (PAUL)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234689 C076864 Third Appellate District PEOPLE v. CLARK (IAN
ZACHARY)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234691 F070408 Fifth Appellate District PEOPLE v. CONRIQUEZ, JR.,
(JIMMY)
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 29, 2016 1131
S234699 B267290 Second Appellate District, Div. 6 PEOPLE v. REYES
(MARICELA)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234700 H043517 Sixth Appellate District WASHINGTON (TOROMI
RADEL) ON H.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
S234703 C081781 Third Appellate District FORD (JACOB A.) ON H.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
S234705 B265470 Second Appellate District, Div. 6 PEOPLE v. NEISINGER
(PATRICK CURTIS)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234710 WAGNER (LORI) v. S.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
S234713 A144389 First Appellate District, Div. 4 PEOPLE v. BAILEY
(DAWNIELLE)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234716 F073620 Fifth Appellate District WASTE CONNECTIONS,
INC. v. S.C. (ALAMEDA
COUNTY WASTE
MANAGEMENT
AUTHORITY)
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 29, 2016 1132
S234721 H041067 Sixth Appellate District McNEIL (MICHAEL E.) v.
SYMMETRICOM, INC.
Petition for review denied
Corrigan, J., was absent and did not participate.
S234722 B261601 Second Appellate District, Div. 4 PEOPLE v. GARCIA
(MANUEL HAROLDO)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234729 C072500 Third Appellate District CERTAIN UNDERWRITERS
AT LLOYDS, LONDON v.
ARCH SPECIALTY
INSURANCE COMPANY
Petition for review denied
Corrigan, J., was absent and did not participate.
S234736 B262414 Second Appellate District, Div. 6 ZINK (CHRISTOPHER LEE)
v. CLOCK TOWERS INN,
LLC
Petition for review denied
Corrigan, J., was absent and did not participate.
S234745 A141622 First Appellate District, Div. 2 PEOPLE v. LUNA (JUAN
ANTONIO)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234746 E061974 Fourth Appellate District, Div. 2 PEOPLE v. OLIVAS (JASON)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234761 G051199 Fourth Appellate District, Div. 3 PEOPLE v. LOPEZ (MARIO)
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 29, 2016 1133
S234762 B264131 Second Appellate District, Div. 4 PEOPLE v. DOWNS
(ANTOINE LAMONT)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234769 C079179 Third Appellate District PEOPLE v. HAMILTON
(DOMINIK ANTHOWNE)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234772 A139259 First Appellate District, Div. 2 PEOPLE v. PADILLA
(RONNIE)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234785 F069165 Fifth Appellate District PEOPLE v. GUZMAN
(ANTONIO CRUZ)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234791 H040078 Sixth Appellate District PEOPLE v. GARCIA (ABEL
ENRIQUE)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234792 D068195 Fourth Appellate District, Div. 1 PEOPLE v. MILLER
(HUTTON)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234794 A142774 First Appellate District, Div. 1 PEOPLE v. ROMERO (JAIME
DEMECIO)
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 29, 2016 1134
S234795 D068078 Fourth Appellate District, Div. 1 PEOPLE v. PEREZ (DOMINIC
JOSEPH)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234800 D069673 Fourth Appellate District, Div. 1 PEOPLE v. ROMERO
(RICARDO)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234803 B272063 Second Appellate District, Div. 7 DEPINA (ANTHONY) ON
H.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
S234805 F070507 Fifth Appellate District PEOPLE v. HIDALGO, JR.,
(JOE LUIS)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234812 E065971 Fourth Appellate District, Div. 2 KAHN (ROBERT S.) v. S.C.
(VASQUEZ)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234816 D069422 Fourth Appellate District, Div. 1 WILLIAMS (DARREL) v.
HELIX WATER DISTRICT
Petition for review denied
Corrigan, J., was absent and did not participate.
S234820 D067494 Fourth Appellate District, Div. 1 PEOPLE v. GAMEZ (FAUSTO
FERNANDEZ)
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 29, 2016 1135
S234823 A148308 First Appellate District, Div. 3 TAYLOR (ELIJAH) v. S.C.
(PEOPLE)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234824 A142237 First Appellate District, Div. 1 PEOPLE v. CROWLEY
(BRIAN KEITH)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234828 B271968 Second Appellate District, Div. 2 LOCCI (CHI CHI) ON H.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
S234831 C070068 Third Appellate District PEOPLE v. PEACOCK
(JAMES)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234834 B264930 Second Appellate District, Div. 8 PEOPLE v. SARIASLAN
(RAMIN)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234836 B251305 Second Appellate District, Div. 1 LINDSAY (HEATHER) v.
AHUJA (AJAY)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234838 B257872 Second Appellate District, Div. 7 PEOPLE v. SANGURIMA
(CHRISTIAN)
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 29, 2016 1136
S234872 D069862 Fourth Appellate District, Div. 1 JAMS, INC. v. S.C.
(KINSELLA)
Petition for review & application for stay denied
Corrigan, J., was absent and did not participate.
S234879 NELSON (WILLIAM LLOYD)
v. COURT OF APPEAL,
FIRST APPELLATE
DISTRICT, DIVISION THREE
(PEOPLE)
Petition for writ of mandate/prohibition denied
Corrigan, J., was absent and did not participate.
S234943 H043580 Sixth Appellate District CABRERA (OSCAR
AMEZCUA) v. S.C. (PEOPLE)
Petition for review & application for stay denied
Defendant’s application to file the unredacted petition for review under seal is granted. (Cal.
Rules of Court, rules 2.550(d), 8.46(b).) In ordering the sealing, this court makes the findings
required by California Rules of Court, rules 2.550(d) and 8.46(d)(6). The clerk of this court is
directed to file the unredacted petition under seal. The petition for review and stay request are
denied.
Corrigan, J., was absent and did not participate.
S235307 WILLIAMS (BRIAND) v. S.C.
(McDONNELL)
Petition for writ of mandate/prohibition denied
The petition for writ of prohibition and/or mandate, request for injunctive relief, and application
for stay are denied.
Corrigan, J., was absent and did not participate.
S235437 E066156 Fourth Appellate District, Div. 2 PIRVULETE (DUMITRU) v.
S.C. (FRANCHISE TAX
BOARD)
Petition for review & application for stay denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 29, 2016 1137
S231343 STEVENSON (STEVIE J.) ON
H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S232662 NEAL (ROBERT W.) ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S232784 SULLIVAN (CHARLES
GARY) ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S233851 REED, JR., (LAWRENCE) ON
H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
People v. Duvall (1995) 9Cal.4th 464, 474; In re Dixon (1953) 41 Cal.2d 756, 759; In re Swain
(1949) 34 Cal.2d 300, 304.)
Corrigan, J., was absent and did not participate.
S233854 ORTIZ (GABRIEL
BALLESTEROS) ON H.C.
The petition for writ of habeas corpus is denied without prejudice as to any relief to which
petitioner might be entitled as to his prior prison term enhancement after this court decides People
v. Valenzuela, S232900; as to all other claims, the petition for writ of habeas corpus is denied on
the merits. (See Harrington v. Richter (2011) 562 U.S. 86 [131 S.Ct. 770, 785], citing Ylst v.
Nunnemaker (1991) 501 U.S. 797, 803.)
Corrigan, J., was absent and did not participate.
S234090 JOINER (WARDELL
NELSON) ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234158 HWANG (DAVID) ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 29, 2016 1138
S234183 FERNANDEZ (MARTIN) ON
H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234186 WATERS (MICHAEL LYNN)
ON H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Clark (1993) 5 Cal.4th 750, 767-769; In re Swain (1949) 34 Cal.2d 300, 304.)
Corrigan, J., was absent and did not participate.
S234203 WARE (MARCUS LEROY)
ON H.C.
The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464, 474;
In re Waltreus (1965) 62 Cal.2d 218, 225; In re Dixon (1953) 41 Cal.2d 756, 759.)
Corrigan, J., was absent and did not participate.
S234214 GOREE (MICHAEL JAMES)
ON H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Swain (1949) 34 Cal.2d 300, 304.)
Corrigan, J., was absent and did not participate.
S234215 RODRIGUEZ (EDMUNDO
ANTHONY) ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234234 LOAIZA (JAMES ANTHONY)
ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234272 JOE (WARDELL) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Clark (1993) 5 Cal.4th 750, 767-769.)
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 29, 2016 1139
S234331 CARLSTROM, JR.,
(STEPHEN P.) ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234357 BRINSON (JOHNNY) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Clark (1993) 5 Cal.4th 750, 767-769.)
Corrigan, J., was absent and did not participate.
S234428 CARRERA (TONY M.) ON
H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234431 SANCHEZ (RAUL) ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234436 SMITH (CHRISTOPHER
DALE) ON H.C.
Petition for writ of habeas corpus denied
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Clark (1993) 5 Cal.4th 750, 767-769; In re Dixon (1953) 41 Cal.2d 756, 759; In re Miller
(1941) 17 Cal.2d 734, 735.)
Corrigan, J., was absent and did not participate.
S234439 MUSE (ANTHONY) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Clark (1993) 5 Cal.4th 750, 767-769.)
Corrigan, J., was absent and did not participate.
S234443 HENLEY (HEATHER
LEATRICE) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Dexter (1979) 25 Cal.3d 921,
925-926.)
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 29, 2016 1140
S234445 NGO (KY TONY) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Dexter (1979) 25 Cal.3d 921,
925-926.)
Corrigan, J., was absent and did not participate.
S234473 BRATTON (RONALD) ON
H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234476 THOMPSON (MAURICE) ON
H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234477 KEMP (ERIC SHAWN) ON
H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234496 POLK (KENNETH) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Clark (1993) 5 Cal.4th 750, 767-769;
People v. Duvall (1995) 9 Cal.4th 464, 474; In re Swain (1949) 34 Cal.2d 300, 304.)
Corrigan, J., was absent and did not participate.
S234498 CARTER (JERMAINE
CORNELIUS) ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234499 LOPEZ (LEOPOLDO) ON
H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 29, 2016 1141
S234519 CODDIE (CHARLES F.) ON
H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234527 FITCH (BRIAN TRAVIS) ON
H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234534 GRAY (OLIVER) ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234552 ROMERO (JESUS E.) ON H.C.
The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464, 474;
In re Swain (1949) 34 Cal.2d 300, 304.)
Corrigan, J., was absent and did not participate.
S234593 GRISSOM, JR., (JOHN L.) ON
H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Clark (1993) 5 Cal.4th 750, 767-769; In re Miller (1941) 17 Cal.2d 734, 735.)
Corrigan, J., was absent and did not participate.
S234603 VIERHELLER (DONALD
ROBERT) ONH.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234609 ARREDONDO (NORBERTO)
ON H.C.
The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464, 474;
In re Swain (1949) 34 Cal.2d 300, 304.)
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 29, 2016 1142
S234611 THORNTON (WILLIAM
CECIL) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Clark (1993) 5 Cal.4th 750, 767-769;
In re Dixon (1953) 41 Cal.2d 756, 759.)
Corrigan, J., was absent and did not participate.
S234615 CLOYD (MICHAEL) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Clark (1993) 5 Cal.4th 750, 767-769; In re Dixon (1953) 41 Cal.2d 756, 759.)
Corrigan, J., was absent and did not participate.
S234628 ALVAREZ (RUDOLPHO
ALBERTO) ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234630 HUMPHRIES (JOSEPH
CONRAD) ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234631 TITTLE (TYRONE) ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234632 JOHNSON (JASON J.) ON
H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Clark (1993) 5 Cal.4th 750, 767-769.)
Corrigan, J., was absent and did not participate.
S234633 SCOTT (THOMAS) 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 People v. Valenzuela, S232900.
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 29, 2016 1143
S234685 YOUNG (GREGORY LEON)
ON H.C.
The petition for writ of habeas corpus is denied. (See In re Clark (1993) 5 Cal.4th 750, 767-769;
In re Miller (1941) 17 Cal.2d 734, 735; In re Swain (1949) 34 Cal.2d 300, 304.)
Corrigan, J., was absent and did not participate.
S234711 DRAKE (JAMIASEN) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Clark (1993) 5 Cal.4th 750, 767-769; People v. Duvall (1995) 9 Cal.4th 464, 474; In re
Swain (1949) 34 Cal.2d 300, 304.)
Corrigan, J., was absent and did not participate.
S234715 NEWMAN (WILLIAM J.) ON
H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234032 F070043 Fifth Appellate District T.C.E.F, INC.. v. COUNTY OF
KERN (HIGHWAY 99
COLLECTIVE
COOPERATIVE INC.)
Publication request denied (case closed)
Corrigan, J., was absent and did not participate.
S234799 G051594 Fourth Appellate District, Div. 3 KIRCHMEYER (KIMBERLY)
v. PHILLIPS (GEOFFREY)
Depublication request denied (case closed)
The request for an order directing depublication of the opinion in the above-entitled appeal is
denied. The court declines to review this matter on its own motion. The matter is now final.
Corrigan, J., was absent and did not participate.
S234821 B257970 Second Appellate District, Div. 4 DAVIS (WILLIAM A.) v.
FARMERS INSURANCE
EXCHANGE
Depublication request denied (case closed)
The request for an order directing depublication of the opinion in the above-entitled appeal is
denied.
The court declines to review this matter on its own motion. The matter is now final.
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 29, 2016 1144
S112146 PEOPLE v. STAYNER (CARY
ANTHONY)
Extension of time granted
Good cause appearing, and based upon counsel Andrew Parnes’s representation that the
appellant’s opening brief is anticipated to be filed by July 29, 2016, counsel’s request for an
extension of time in which to file that brief is granted to July 29, 2016. After that date, no further
extension will be granted.
S120382 PEOPLE v. SANCHEZ
(VINCENT HENRY)
Extension of time granted
Good cause appearing, and based upon Deputy Attorney General Pamela C. Hamanaka’s
representation that the respondent’s brief is anticipated to be filed by August 1, 2016, counsel’s
request for an extension of time in which to file that brief is granted to August 1, 2016. After that
date, no further extension is contemplated.
S137307 PEOPLE v. MORALES
(JOHNNY)
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 6, 2016.
S146528 PEOPLE v. SNYDER
(JANEEN MARIE) &
THORNTON (MICHAEL
FORREST)
Extension of time granted
On application of appellant Michael Thornton and good cause appearing, it is ordered that the
time to serve and file appellant’s opening brief is extended to August 26, 2016.
S146528 PEOPLE v. SNYDER
(JANEEN MARIE) &
THORNTON (MICHAEL
FORREST)
Extension of time granted
On application of appellant Janeen Marie Snyder and good cause appearing, it is ordered that the
time to serve and file appellant’s opening brief is extended to August 26, 2016.
SAN FRANCISCO JUNE 29, 2016 1145
S177281 PEOPLE v. MAGALLON
(MIGUEL ANGEL)
Extension of time granted
Good cause appearing, and based upon counsel Lynne S. Coffin’s representation that the
appellant’s opening brief is anticipated to be filed by March 1, 2017, counsel’s request for an
extension of time in which to file that brief is granted to August 29, 2016. After that date, only
three further extensions totaling about 185 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).)
S181535 PEOPLE v. ALCALA
(RODNEY JAMES)
Extension of time granted
Good cause appearing, and based upon counsel Mark D. Lenenberg’s representation that the
appellant’s opening brief is anticipated to be filed by December 15, 2016, counsel’s request for an
extension of time in which to file that brief is granted to August 29, 2016. After that date, only
two further extensions totaling about 107 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).)
S190636 PEOPLE v. HALVORSEN
(ARTHUR HANS)
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 6, 2016.
S195568 PEOPLE v. BELL
(CIMARRON BERNARD)
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 August 26, 2016.
S203626 DEMENT (RONNIE DALE)
ON H.C.
Extension of time granted
Good cause appearing, and based upon Deputy Attorney General Jeffrey D. Firestone’s
representation that the informal response to the petition for writ of habeas corpus is anticipated to
be filed by November 28, 2016, counsel’s request for an extension of time in which to file that
document is granted to August 30, 2016. After that date, only two further extensions totaling
about 89 additional days are contemplated.
SAN FRANCISCO JUNE 29, 2016 1146
S232582 A145465 First Appellate District, Div. 4 RYAN (STEVE) v.
ROSENFELD (MITCHELL)
Extension of time granted
On application of appellant and good cause appearing, it is ordered that the time to serve and file
the opening brief on the merits is extended to July 27, 2016.
No further extensions will be contemplated.
S228870 D065983 Fourth Appellate District, Div. 1 PEOPLE v. BATES (GILBERT
JOSEPH)
Counsel appointment order filed
Upon request of appellant for appointment of counsel, Carl Fabian is hereby appointed to
represent appellant on the appeal now pending in this court.
S234075 B263283 Second Appellate District, Div. 6 PEOPLE v. KEENEY
(BENJAMIN DAVID)
Counsel appointment order filed
Upon request of appellant for appointment of counsel, John Derrick is hereby appointed to
represent appellant on the appeal now pending in this court.
S234150 B262149 Second Appellate District, Div. 3 PEOPLE v. SOLIS
(ESMERALDA)
Counsel appointment order filed
Upon request of appellant for appointment of counsel, Melissa Camacho-Cheung is hereby
appointed to represent appellant on the appeal now pending in this court.
S234196 C078991 Third Appellate District PEOPLE v. KING (RICKY
EDWARD)
Counsel appointment order filed
Upon request of appellant for appointment of counsel, the Central California Appellate Program is
hereby appointed to represent appellant on the appeal now pending in this court.
Appellant’s brief on the merits must be served and filed on or before thirty (30) days from the date
of this order.
SAN FRANCISCO JUNE 29, 2016 1147
S022224 PEOPLE v. STANLEY
(DARREN CORNELIUS)
Order filed
Appellant’s “Application and Declaration of Good Cause to Inspect and Copy Sealed Trial
Records for Use in Pending Federal Habeas Proceeding,” filed on April 26, 2016, is granted. The
Clerk is directed to provide appellant’s federally-appointed habeas corpus counsel Roger Ian
Teich copies of: (1) Sealed Reporter’s Transcript 6-12-89, pages 1-34; (2) Sealed Clerk’s
Transcript “987.9 PC Application and Minute Order,” dated August 9, 1990; (3) Sealed Clerk’s
Transcript “987.9 PC,” “Motion and Order re Payment of Funds for Ancillary Defense Services,”
filed March 16, 1989; (4) Sealed Clerk’s Transcript “987.9 PC,” orders and related documents,
filed on January 22, 1990, April 5, 1990, and September 28, 1990; and (5) Sealed Clerk’s
Transcript “Application to Inspect 987 requests and order,” “Appellant’s Confidential Request to
Review Sealed Records of Trial Counsel’s Penal Code Sections 987 and 987.9 Billings and
Sealed Transcripts of any Hearings on Defense Applications for Funds,” filed on March 7, 1995.
Respondent’s “Motion to Unseal July 6, 1990 Reporter’s Transcript,” filed on May 3, 2016, is
granted. The Clerk is directed to unseal, make part of the public record and provide to
Appellant’s federally-appointed counsel Teich and counsel for Respondent copies of the sealed
“Reporter’s Transcript 7-6-90,” pages 1-20.
Corrigan, J., was recused and did not participate.
S130263 GAY (KENNETH EARL) ON
H.C.
Order filed
Respondent’s motion for relief from default to file the Exceptions to Report of the Referee and
Brief on the Merits is granted.
S138147 SMITH (GREGORY SCOTT)
ON H.C.
Order filed
Petitioner’s “Application for Permission to File Supplement to Informal Reply to Informal
Response to Second Amended Petition for Writ of Habeas Corpus,” filed on May 20, 2016, is
granted. The Clerk is directed to file the supplement, received on May 20, 2016. Any
supplemental informal response addressing the supplement, if respondent chooses to file one,
must be served and filed within 30 days of the date of this order; any reply thereto must be served
and filed within 30 days thereafter.
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 29, 2016 1148
S234075 PEOPLE v. KEENEY
(BENJAMIN DAVID)
Order filed
The order filed on June 23, 2016, appointing Michael Allen as counsel for appellant Benjamin
David Kenney is hereby vacated.
S235229 WILLIAMS (DONALD B.) v.
S.C. (PEOPLE)
Order filed
The order filed on June 24, 2016, transferring the above-entitled matter to the Court of Appeal is
hereby amended in its entirety to read as follows:
The above-entitled matter is transferred to the Court of Appeal, Second Appellate District.
S234652 ACCUSATION OF PORTNOV
Petition denied (accusation)
Corrigan, J., was absent and did not participate.
BAR MISC. 4186 IN THE MATTER OF THE APPLICATION OF THE COMMITTEE
OF BAR EXAMINERS OF THE STATE BAR OF CALIFORNIA
FOR ADMISSION OF ATTORNEYS (MOTION NO. 1,263)
The written motion of the Committee of Bar Examiners that the following named applicants, who
have fulfilled the requirements for admission to practice law in the State of California, be
admitted to the practice of law in this state is hereby granted, with permission to the applicants to
take the oath before a competent officer at another time and place:
(SEE ORIGINAL APPLICATION FOR THE LIST OF NAMES ATTACHED.)