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Court Case Record The People v. Cervantes et al. B259727 UID(a071)


The People v. Cervantes et al. Court Case Record

Court Case Number: B259727


 
Case NumberB259727
Case TitleThe People v. Cervantes et al.
Case TypeCR
StateCalifornia, CA
CountyAll Counties
CourtAppellate Court
Court Address2nd Appellate District
Phone
Field Date
Close Date2/16/2017
Documentpdf

Parties

CounselNameType
Office of the Attorney General
300 South Spring St.
1st Floor
Los Angeles, CA 90013

Contact Name: David E. Madeo

The PeoplePlaintiff and Respondent
Julie Schumer
7 Avenida Vista Grande B-7
PMB #414
Sante Fe, NM 87508

Daniel CervantesDefendant and Appellant
Kelly Cronin Martin
Law Office of Kelly Cronin Martin
1000 Brannan St.
Suite 400
San Francisco, CA 94103

Angela GarciaDefendant and Appellant
Docket (Register of Actions)
Date Description Notes
10/30/2014 Notice of appeal lodged/received (criminal). 10/20/2014 Cervantes
11/05/2014 N/A sent to CAP for appointment recommendation.
11/05/2014 Notice to reporter to prepare transcript.
12/04/2014 Record on appeal filed. c-4 (741 pgs) r-6 pr-1 S-1 dtd 3-20-14 m-3 dtd 9-18-13, 3-28-14, 8-22-14 As to Aplt Cervantes
01/13/2015 Counsel appointment order filed. Atty Julie Schumer appointed for Cervantes
01/27/2015 Motion/request for sealed or confidential transcripts filed by: Request by appellant Cervantes for a copy of the sealed in camera transcript, procs held 3/20/14
02/02/2015 Record omission letter received. dated 1-27-15. Aplt's request for clerk's transcript
02/04/2015 Notice of appeal lodged/received (criminal). 12/30/2014 Angela Garcia (co-defendant) same record as filed on 12/4/2014, with exception need 12/18/2014 reporter's (no sentence information-email to criminal appeals)
02/04/2015 Email sent to: crim appeals for any sentencing information
02/04/2015 N/A sent to CAP for appointment recommendation. Angela Garcia appeal 12/30/2014
02/06/2015 Mail returned and re-sent. Aplt's (Cervantes) Appointment order returned from Wasco State Prison marked "Return to Sender Out to Court". Appointment order remailed to aplt. Appellant is currently at the Los Angeles County Jail Bk#4205251
02/23/2015 Record on appeal filed. 12/30/2014 appeal Angela Garcia reporter's 12/18/2014, and supplemental clerk's C-3 (836 pages) R-6
03/04/2015 Mail returned and re-sent. Appointment order dated 1/13/15 returned marked from County Jail Marked " Released 2/23/15. Appointment order remailed to Wasco aplt. Cervantes
03/05/2015 Order filed. THE COURT We are in receipt of appellant Cervantes's motion to unseal documents, filed on January 27, 2015, requesting a copy of in camera trial court proceedings held on March 20, 2014. Before ruling on this request, we hereby invite the People to respond and advise us if they have any objection to appellant's request. If necessary to prevent the disclosure of confidential material, the People's response should be filed in both a public redacted version and a sealed complete version. (See Cal. Rules of Court, rule 2.551 (c) & (h).) The People's response shall be filed by March 13, 2015. EDMON, P.J.
03/09/2015 Supplemental record/transcript filed. c-1 (4 pgs) includes Cert of clerk re missing docs. 8.340 dtd 1-27-15 (Cervantes)
03/13/2015 Response filed: People's response to Court's order of March 5, 2015
03/24/2015 Order filed. Having read and considered appellant Cervantes's motion to unseal documents, filed on January 27, 2015, which requested disclosure of the sealed reporter's transcript of in camera trial court proceedings held on March 20, 2014, as well as the Attorney General's opposition to that motion, the court hereby DENIES appellant's motion. We have examined the sealed reporter's transcript in question and determined there is good cause for denying disclosure pursuant to Penal Code section 1054.7 because it may compromise other law enforcement investigations. " 'A public entity has a privilege to refuse to disclose official information' (Evid. Code, § 1040, subd. (b)) if' [ d]isclosure of the information is against the public interest because there is a necessity for preserving the confidentiality of the information that outweighs the necessity for disclosure in the interest of justice .... ' [Citation.] 'Ongoing investigations fall under the privilege for official information.' ([Citation]; see Pen. Code, § 1054.7 ['possible compromise of other investigations by law enforcement' constitutes good cause to deny, restrict, or defer disclosure].)" (People v. Su.ff(2014) 58 Ca1.4th 1013, 1059.) Edmon, P.J and Kitching, J>
03/25/2015 Order filed. The appellant's opening brief of appellant Daniel Cervantes is due within 30 days from the date of this order.
03/26/2015 Appellant's opening brief. Defendant and Appellant: Daniel Cervantes Attorney: Julie Schumer
03/27/2015 Counsel appointment order filed. Atty Kelly C. Martin appointed for aplt Garcia
04/24/2015 Requested - extension of time Appellant's opening brief. Requested for 05/27/2015 By 30 Day(s)
04/24/2015 Granted - extension of time. Appellant's opening brief. Due on 05/27/2015 By 30 Day(s)
Disposition
Description: Affirmed in full
Date: 02/16/2017
Disposition Type: Final
Publication Status: Signed Unpublished
Author: Goswami, Rupa S.
Participants: Edmon, Lee Smalley (Concur) Aldrich, Richard D. (Concur)
Case Citation: none