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Court Case Record The People v. Davis C081064 UID(9ef8)


The People v. Davis Court Case Record

Court Case Number: C081064


 
Case NumberC081064
Case TitleThe People v. Davis
Case TypeCR
StateCalifornia, CA
CountyAll Counties
CourtAppellate Court
Court Address3rd Appellate District
Phone
Field Date
Close Date11/15/2016

Parties

CounselNameType
Office of the State Attorney General
P.O. Box 944255
Sacramento, CA 94244-2550

Clara M. Levers
Office of the State Attorney General
P.O. Box 944255
Sacramento, CA 94244-2550

The PeoplePlaintiff and Respondent
Francine R. Tone
Attorney at Law
P.O. Box 34045
Truckee, CA 96161

Connor Albert DavisDefendant and Appellant
Central California Appellate Program
2150 River Plaza Drive, Suite 300
Sacramento, CA 95833

Central California Appellate ProgramInformation only
Docket (Register of Actions)
Date Description Notes
01/11/2016 Notice of appeal lodged/received (criminal). Filed in trial court on 12/21/15. Transient's violation of registration law.
01/29/2016 Record on appeal filed. 1 vol. CT (101 pp.); 1 vol. RT (44 pp.); 1 confidential probation report. AOB due: 03/09/16.
01/29/2016 Letter sent to: counsel advising record on appeal filed and of AOB due date.
02/11/2016 Appointment/recommendation req. for counsel filed.
02/17/2016 Counsel appointment order filed. Francine R. Tone for appellant. AOB due 03/18/16.
03/17/2016 Motion filed. by appellant for permission to seek a certificate of probable cause.
03/17/2016 Filed application and order of: Appellant's opening brief. Due on 05/17/2016 By 60 Day(s) appellant to 05/17/16.
03/25/2016 Opposition requested. People's opposition, if any, due 04/11/16; appellant 10 days thereafter to reply.
04/11/2016 Filed letter from: from Deputy Attorney General Max Feinstat dated 04/05/16 advising respondent does not oppose appellant's motion to seek a belated certificate of probable cause.
04/22/2016 Order filed. Appellant's application to file a late statement in the superior court pursuant to Penal Code section 1237.5 is granted. Appellant may file the Penal Code section 1237.5, subdivision (a), statement with the trial court on or before May 11, 2016. If appellant does so, the trial court shall have 20 days from the date of filing in which to "sign and file either a certificate of probable cause or an order denying the certificate." (Cal. Rules of Court, rule 8.304(b)(2).) The trial court clerk shall, within 10 days from the filing of the certificate or from the filing of an order denying the certificate, serve on this court and all counsel, a certified copy of the signed certificate or the order denying certification. The time to file the appellant's opening brief is extended until 30 days after this court receives a signed certificate or order denying certification. If appellant fails to timely file the required written statement, appellant's opening brief shall be served and filed 30 days from the date of this order. BLEASE, Acting P.J. (MuRe)
04/25/2016 Received copy of service copy of appellant's request for certificate of probable cause for filing in the trial court.
05/13/2016 Motion/application to augment record filed. by appellant as to attached material; requesting 30 days from date of order to file AOB. Briefing suspended.
05/23/2016 Received copy of document filed in trial court. Request for certificate of probable cause filed by appellant on 04/29/16.
06/01/2016 Augmentation granted. (See order.) Appellant's motion filed on 05/13/16 as to attached material. AOB due: 07/01/16.
06/29/2016 Modified address of: Connor Albert Davis old address 1: San Quentin State Prison new address 1: Correctional Training Facility Per appellant's proof of service on AOB.
06/29/2016 Appellant's opening brief. Defendant and Appellant: Connor Albert Davis Attorney: Francine R. Tone
07/18/2016 Returned document for non-conformance. Respondent's brief has been rejected. Pagination is not in accordance with Local Rule 5. Corrected RB due 7/29/16.
07/18/2016 Respondent's brief. Plaintiff and Respondent: The People Attorney: Clara M. Levers
07/18/2016 Filed application and order of: Respondent's brief. Due on 09/07/2016 By 40 Day(s) Appellant to 09/07/16
08/22/2016 Appellant's reply brief. Defendant and Appellant: Connor Albert Davis Attorney: Francine R. Tone
08/22/2016 Case fully briefed.
10/25/2016 Oral argument waiver notice sent. Request due: 11/04/16.
Disposition
Description: Remanded to trial court with directions
Date: 11/15/2016
Status: Final The judgment is reversed and the matter is remanded to the trial court with directions that " '(1) the court shall hold a hearing on [defendant]'s Marsden motion concerning his representation . . .; (2) if the court finds that [defendant] has shown that a failure to replace his appointed attorney would substantially impair his right to assistance of counsel, the court shall appoint new counsel to represent him and shall entertain such applications as newly appointed counsel may make; and (3) if newly appointed counsel makes no motions, any motions made are denied, or [defendant]'s Marsden motion is denied, the court shall reinstate the judgment.' " (Sanchez, supra, 53 Cal.4th at pp. 92-93.)
Publication Status: Signed Unpublished
Author: Blease, Coleman A.
Participants: Robie, Ronald B. (Concur) Raye, Vance W. (Concur)
Case Citation: none