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Court Case Record The People v. Thornton F071626 UID(11db)


The People v. Thornton Court Case Record

Court Case Number: F071626


 
Case NumberF071626
Case TitleThe People v. Thornton
Case TypeCR
StateCalifornia, CA
CountyAll Counties
CourtAppellate Court
Court Address5th Appellate District
Phone
Field Date
Close Date4/28/2017
Documentpdf

Parties

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

Craig S. Meyers
Office of the Attorney General
P.O. Box 944255
Sacramento, CA 94244-2500

The PeoplePlaintiff and Respondent
Jonathan D. Roberts
1388 Sutter Street, Suite 805
San Francisco, CA 94109

Troy Devlin ThorntonDefendant 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
06/01/2015 Notice of appeal lodged/received (criminal). applt. appeals from order held on 5/13/15 denying petition for resentencing pursuant to Prop 47; request for appointment of counsel in notice of appeal; copy to CCAP
06/01/2015 Notice to reporter to prepare transcript. sent to ctrrs Williams, Heidick & Perkins by superior court on 5/20/15
06/12/2015 Clerk's transcript filed. 1 volume; 28 pages
06/12/2015 Received: RAF - corrections requested - RT Volume 1 by ctrr Perkins needs corrected certification pages; RT Volume 3 by ctrr Z. Williams needs to be repaginated; from superior court clerk
06/12/2015 Letter sent to: Superior Court & parties re record corrections requested: RT Volume 1 by ctrr Perkins needs corrected certification page certifying volume contains pages 1-12 instead of 1-11; RT Volume 3 by ctrr Z. Williams needs to be repaginated, should be paginated as pages 101-107 instead of 1-7; corrections due in 8 days.
07/13/2015 Received corrected transcript. RT Volumes 1 & 3 (TAP'D) (Tapped processed on 7/6/15)
07/14/2015 Record on appeal filed. R Tx, 3 volumes, 32 pgs; ltr to parties re aob due 40 days TAP SUPP processed on 9/2/2015
07/17/2015 Filed order appointing counsel (C.C.A.P. review). Defendant and Appellant: Troy Devlin Thornton Attorney: Jonathan D. Roberts
08/13/2015 Record omission letter received. ATTY ROBERTS. DATED 8/12/15 FOR P.O REPORT .
09/08/2015 Confidential document filed********* per omission letter by applt . Confdenital C1/37 pgs. LTr emailed to all cnsl re SRF/AOB due 30 days.
10/07/2015 Granted - extension of time. Appellant's opening brief. Due on 11/09/2015 By 32 Day(s) 1st request
11/05/2015 Granted - extension of time. Appellant's opening brief. Due on 12/09/2015 By 30 Day(s) 2nd request
12/08/2015 Requested - extension of time Appellant's opening brief. Requested for 01/11/2016 By 33 Day(s) 3rd request; to PJ for approval
12/10/2015 Granted - extension of time. Appellant's opening brief. Due on 01/11/2016 By 33 Day(s) 3rd request approved by PJ
01/08/2016 Requested - extension of time Appellant's opening brief. Requested for 02/10/2016 By 30 Day(s) 4th request; to PJ for approval
01/11/2016 Granted - extension of time. Appellant's opening brief. Due on 02/10/2016 By 30 Day(s) 4th request approved by PJ
01/27/2016 Wende brief filed. Defendant and Appellant: Troy Devlin Thornton Attorney: Jonathan D. Roberts
01/27/2016 Filed respondent's letter affirming judgment.
01/27/2016 No merit brief letter sent.
02/18/2016 Mail returned, unable to forward. for applt with no forwarding address
03/03/2016 Case fully briefed. no response by applt pursuant to wende invitation
10/06/2016 Order filed. This appeal is currently under review pursuant to People v. Wende (1979) 25 Cal.3d 436. The trial court summarily denied appellant's "Petition for Resentencing" pursuant to Penal Code section 1170.18, filed on April 27, 2015, on the ground "Relief was previously denied on March 23, 2015." (See CT 20-23.) It appears, however, that the stated basis for the April 27, 2015, petition was not previously considered by the trial court, to wit, whether appellant is entitled to resentencing on Fresno Superior Court case No. F14902504 and/or Fresno Superior Court case No. F12902103 due to the alleged reduction of Madera County Superior Court case No. MCR019455 to a misdemeanor. The parties are directed to brief the issue of whether the trial court was required to consider the issue raised by appellant in his April 27, 2015, "Petition for Resentencing" and if so, what relief is appropriate. Briefs may be in letter form. Appellant's counsel on appeal is directed to file a brief addressing these issues, and any related points, within 30 days from the date of this order. Respondent's brief addressing these issues, and any related points, is due 30 days after appellant's brief is filed. Appellant's reply brief is due 15 days after respondent's brief is filed.
Disposition
Description: Affirmed in full
Date: 04/28/2017
Disposition Type: Final The order denying appellant's motion to strike his four prior prison term enhancements (ยง 667.5, subd. (b)) is affirmed. Appellant's request for judicial notice is granted. Detjen, Franson, Pena; 5 pages
Publication Status: By the Court - Unpublished
Author:
Participants: Franson, Jr., Donald R. (Concur) Pena, Jr., Rosendo (Concur) Detjen, Jennifer R.S. (Concur)
Case Citation: none