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Court Case Record The People v. James Mutter E064355


The People v. James Mutter Court Case Record

Court Case Number: E064355


 
Case NumberE064355
Case TitleThe People v. James Mutter
Case TypeCR
StateCalifornia, CA
County
CourtAppellate Court
Court Address4th Appellate District Division 2
Phone
Field Date
Close Date7/11/2016

Parties

CounselNameType
Daniel John Hilton
Office of the Attorney General
P.O. Box 85266
San Diego, CA 92186-5266

The PeoplePlaintiff and Respondent
Donna L. Harris
Cannon & Harris L
6046 Cornerstone Court West, Suite 141
San Diego, CA 92121-4733

James Carl MutterDefendant and Appellant
Docket (Register of Actions)
Date Description Notes
09/04/2015 Notice of appeal lodged/received (criminal). Dtd Aug 31, 2015; James Carl Mutter
09/04/2015 Notice to reporter to prepare transcript. Dtd Sep 1, 2015
09/15/2015 Record on appeal filed. C-1, R-1
09/18/2015 Counsel appointment order filed. Atty Donna L. Harris for Applnt James Carl Mutter; time to file AOB extended to Oct 28, 2015.
10/30/2015 Appellant's opening brief. Defendant and Appellant: James Carl Mutter Attorney: Donna L. Harris
11/23/2015 Granted - extension of time. Respondent's brief. Due on 12/30/2015 By 30 Day(s)
01/06/2016 Respondent notified re failure to file respondent's brief. Plaintiff and Respondent: The People Attorney: Daniel John Hilton
01/13/2016 Respondent's brief. Plaintiff and Respondent: The People Attorney: Daniel John Hilton
02/04/2016 Appellant's reply brief. Defendant and Appellant: James Carl Mutter Attorney: Donna L. Harris
02/04/2016 Case fully briefed.
03/16/2016 Case briefed and on assignment panel.
03/18/2016 Order filed. On the court's own motion, the parties are to file supplemental letter briefs on the following issues within 10 days 1. May a defendant who was convicted and sentenced after the effective date of PC § 1170.18 petition for relief under PC § 1170.18, or does the right to petition only apply to people who were "currently serving a sentence for a conviction" at the time the statute became effective? 2. If a defendant convicted and sentenced after PC § 1170.18's effective date does not have the right to petition because the laws amended pursuant to Prop 47 should have been applied at the defendant's plea and sentencing hearing (People v. Floyd, supra, 31 Cal.4th at p. 184 ), is it incumbent upon a defendant to file a direct appeal from the plea and sentencing hearing if the laws were not properly applied?
03/22/2016 Filed additional cites for oral argument. from appellant dtd Mar 18, 2016
03/25/2016 Requested - extension of time Supplemental brief filed by:. Requested for 04/27/2016 By 30 Day(s)
03/25/2016 To court. respondent's application for extn of time to file supp brief
03/25/2016 Supplemental brief filed by: Defendant and Appellant: James Carl Mutter Attorney: Donna L. Harris per order of Mar 18, 2016
03/30/2016 Denied - extension of time. Respondent's supplemental brief is due on or before 10 days from the date of this order.
04/01/2016 Supplemental brief filed by: Plaintiff and Respondent: The People Attorney: Daniel John Hilton per order of Mar 18, 2016
05/03/2016 Issued tentative opinion or disputed issued memo
05/11/2016 Request for oral argument filed by: respondent.
Disposition
Description: Reversed in Full
Date: 07/11/2016
Status: Final
Publication Status: Signed Published
Author: Miller, Douglas P.
Participants: Hollenhorst, Thomas E. (Concur) Slough, Marsha (Concur)
Case Citation: none