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Court Case Record The People v. Hernandez F072502 UID(7978)


The People v. Hernandez Court Case Record

Court Case Number: F072502


 
Case NumberF072502
Case TitleThe People v. Hernandez
Case TypeCR
StateCalifornia, CA
CountyAll Counties
CourtAppellate Court
Court Address5th Appellate District
Phone
Field Date
Close Date7/21/2017
Documentpdf

Parties

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

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

The PeoplePlaintiff and Respondent
Lauren E Dodge
1250 Newell Avenue #220
Walnut Creek, CA 94596

Lucio Hernandez, Jr.Defendant and Appellant
Central California Appellate Program
2150 River Plaza Dr., Ste. 300
Sacramento, CA 95833

Central California Appellate ProgramInformation only
Docket (Register of Actions)
Date Description Notes
10/15/2015 Notice of appeal lodged/received (criminal). Applt. appeals order dated 9/23/2015 continuing PRCS after felony reduced to misdemeanor pursuant to PC 1170.18; Req. for appt. of counsel in NOA; Electronic copy sent to CCAP
10/15/2015 Notice to reporter to prepare transcript. Sent to Ctrr. Lopez by Superior Court on 10/1/2015
10/22/2015 County clerk extension granted. Record on appeal filed. Due on 12/21/2015 By 61 Day(s)
12/21/2015 Record on appeal filed. C1/26 Pgs., R1/10 Pgs.; Letter to Parties re AOB Due w/in 40 Days TAP SUPP processed on 04/20/2016
12/21/2015 Probation report filed. 1 Volume, 6 Pages. Report at Pgs. 4-6.
02/04/2016 Appellant notified pursuant to rule 8.220(a)(1). (due date: 2/1/16)
02/11/2016 Telephone conversation with: Barbara with CCAP advised we have the wrong information for applt Hernandez, there is another person with the same name - updated the correct information
03/02/2016 Filed order appointing counsel (C.C.A.P. review). Defendant and Appellant: Lucio Hernandez, Jr. Attorney: Lauren E Dodge AOB due w/n 30 days
04/01/2016 Record omission letter received. by Atty Dodge obo applt Hernandez; CT's of accusatory pleading and any amendment, minute orders of the change of plea and sentencing & RT's of 4/11/11, abstract of judment & minute order of 1/15/16
04/20/2016 Filed augmented record pursuant to rule 8.340. C1/14 pages (e-filed); R1/44 pages; purs to letter received on 4/1/16 (ltr to all parties re: AOB due w/n 30 days)
05/20/2016 Granted - extension of time. Appellant's opening brief. Due on 06/20/2016 By 31 Day(s) 1st request
06/20/2016 Appellant's opening brief. Defendant and Appellant: Lucio Hernandez, Jr. Attorney: Lauren E Dodge
07/12/2016 Respondent's brief. Plaintiff and Respondent: The People Attorney: Clara M. Levers
08/05/2016 ARB not filed (time elapsed or notice no brief). Defendant and Appellant: Lucio Hernandez, Jr. Attorney: Lauren E Dodge (due date: 8/1/16)
08/05/2016 Case fully briefed.
07/05/2017 10 day letter sent (B.T.C. case).
07/21/2017 Argument waived, cause submitted. Counsel having failed to request oral argument in the above entitled case, oral argument is deemed waived in accordance with the provision of the notice heretofore mailed to counsel and the cause submitted.
07/21/2017 Opinion filed. (By the Court - Unpublished) The sentence is vacated and the matter remanded to the trial court for resentencing with instructions to (1) terminate postrelease community supervision if it has not yet been terminated; (2) strike the registration requirement of Health and Safety Code section 11590; and (3) consider whether defendant's excess custody credits satisfy his fines and fees and, if so, order them satisfied. In all other respects, the judgment is affirmed. Poochigian, Peña & Smith (5 pages)
Disposition
Description: Affirmed but sentence modifications ordered
Date: 07/21/2017
Disposition Type: Final The sentence is vacated and the matter remanded to the trial court for resentencing with instructions to (1) terminate postrelease community supervision if it has not yet been terminated; (2) strike the registration requirement of Health and Safety Code section 11590; and (3) consider whether defendant's excess custody credits satisfy his fines and fees and, if so, order them satisfied. In all other respects, the judgment is affirmed. Poochigian, Peña & Smith (5 pages)
Publication Status: By the Court - Unpublished
Author:
Participants: Poochigian, Charles S. (Concur) Pena, Jr., Rosendo (Concur) Smith, M. Bruce (Concur)
Case Citation: none