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Court Case Record The People v. Gomez B268916 UID(b781)


The People v. Gomez Court Case Record

Court Case Number: B268916


 
Case NumberB268916
Case TitleThe People v. Gomez
Case TypeCR
StateCalifornia, CA
CountyAll Counties
CourtAppellate Court
Court Address2nd Appellate District
Phone
Field Date
Close Date9/2/2016

Parties

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

The PeoplePlaintiff and Respondent
Marvin E. Vallejo
P.O. Box 86788
Los Angeles, CA 90086

Juan Francisco GomezDefendant and Appellant
Docket (Register of Actions)
Date Description Notes
12/15/2015 Notice of appeal lodged/received (criminal). Dec. 14, 2015 Juan Francisco Gomez
12/15/2015 Appellant notified re: right to counsel.
12/15/2015 Financial affidavit sent.
01/13/2016 Telephone conversation with: Telecon with Marvin E. Vallejo, who confirmed that he will represent Juan Gomez on appeal. Clerk informed the California Appellate Project.
02/03/2016 Record on appeal filed. c-1 (34 pgs) r-1 (8 pgs)
03/21/2016 Requested - extension of time Appellant's opening brief. Requested for 04/14/2016 By 31 Day(s)
03/25/2016 Granted - extension of time. Appellant's opening brief. Due on 04/13/2016 By 30 Day(s)
04/12/2016 Requested - extension of time Appellant's opening brief. Requested for 05/13/2016 By 30 Day(s)
04/14/2016 Granted - extension of time. Appellant's opening brief. Due on 05/13/2016 By 30 Day(s)
05/13/2016 Returned document for non-conformance. Appellant's opening brief, submitted electronically, was returned electronically, not filed, as the Attorney General was not served with the brief.
05/13/2016 Appellant's opening brief. Defendant and Appellant: Juan Francisco Gomez Attorney: Marvin E. Vallejo
05/25/2016 Respondent's brief. Plaintiff and Respondent: The People Attorney: David A. Wildman, Office of the Attorney General
06/15/2016 ARB not filed (time elapsed or notice no brief). Defendant and Appellant: Juan Francisco Gomez Attorney: Marvin E. Vallejo Reply Brief was due June 14, 2016.
06/15/2016 Case fully briefed.
07/08/2016 Letter sent to: The court has completed its initial review of the record on appeal. It appears the record on appeal is incomplete in that it does not contain the reporter's transcript of defendant's guilty plea, which was specifically referenced by the trial court in denying the motion to reduce defendant's offense from a felony to a misdemeanor. The judgment of the trial court is presumed to be correct. (Foust v. San Jose Const. Co., Inc. (2011) 198 Cal.App.4th 181, 187; Osgood v. Landon (2005) 127 Cal.App.4th 425, 435; Rossiter v. Benoit (1979) 88 Cal.App.3d 706, 712.) It is the appellant's burden to show error by an adequate record. (Osgood v. Landon, supra, at p. 435.) Failure to provide an adequate record on an issue requires that the issue be resolved against the appellant. (Foust v. San Jose Const. Co., Inc., supra, at p. 187; Hernandez v. California Hospital Medical Center (2000) 78 Cal.App.4th 498, 502.) Letter briefs on this issue may be filed with this court prior to the close of business on July 18, 2016. E-mail filing is acceptable to the court at 2d1.clerk5@jud.ca.gov, provided the original letter brief is filed with the court thereafter.
07/14/2016 Calendar notice sent electronically. Calendar date: August 10, 2016 at 11:00 AM
07/18/2016 Letter brief filed. Plaintiff and Respondent: The People Attorney: David A. Wildman, Office of the Attorney General (in response to this court's July 8, 2016 letter)
07/18/2016 Letter brief filed. Defendant and Appellant: Juan Francisco Gomez Attorney: Marvin E. Vallejo (in response to this court's July 8, 2016 letter)
07/27/2016 Waiver of oral argument filed by: David Wildman for respondent People.
07/28/2016 Request for oral argument filed by: Marvin E. Vallejo for appellant Gomez.
07/29/2016 Request for oral argument filed by: Amended calendar indicated intent of David Wildman to appear for respondent People.
08/10/2016 Cause argued and submitted.
Disposition
Description: Affirmed in full
Date: 09/02/2016
Status: Final
Publication Status: Signed Unpublished
Author: Kriegler, Sandy R.
Participants: Baker, Lamar W. (Concur) Raphael, Michael J. (Concur)
Case Citation: none

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