The People v. Suggs Court Case Record
Court Case Number: B269615
| Case Number | B269615 |
| Case Title | The People v. Suggs |
| Case Type | CR |
| State | California, CA |
| County | All Counties |
| Court | Appellate Court |
| Court Address | 2nd Appellate District |
| Phone | |
| Field Date | |
| Close Date | 2/28/2017 |
| Document |  |
Parties
| Counsel | Name | Type |
|---|---|---|
| Idan Ivri, Office of the Attorney General 300 South Spring St. 1st Floor Los Angeles, CA 90013 | The People | Plaintiff and Respondent |
| Melissa L. Camacho-Cheung 5701 West Slauson Avenue Suite 210 Culver City, CA 90230 California Appellate Project | Peter Suggs | Defendant and Appellant |
| Docket (Register of Actions) | ||
| Date | Description | Notes |
| 01/19/2016 | Notice of appeal lodged/received (criminal). | Jan. 12, 2016 Peter Maurice Suggs |
| 01/19/2016 | N/A sent to CAP for appointment recommendation. | |
| 02/26/2016 | Record on appeal filed. | C-1 (6 Pages) R-1 |
| 03/16/2016 | File(s) received from county clerk. | Email w/imaged file and docket (BA039553). |
| 03/25/2016 | Note: | Hard copy of electronic Los Angeles County Superior Court file forwarded to appellant's counsel and Attorney General, at court's direction. [Forwarded to Attorney General's Docketing Department and the California Appellate Project, with request to forward to counsel, once appointed, with record on appeal.] |
| 04/13/2016 | Counsel appointment order filed. | Melissa Camacho-Cheung for appellant Suggs. |
| 05/12/2016 | Motion/application to augment record filed. | Appellant's motion to augment the record with: 1. Reporter's transcript of the June 11, 1991 proceedings; 2. Reporter's transcript of the June 25, 1991 proceedings; 3. Minute order dated May 30, 1991; 4. June 1991 Information; and 5. June 26, 1991 abstract of judgment. All documents attached to motion. [Seeks 30-day extension for opening brief.] |
| 05/24/2016 | Augmentation granted. (See order.) | Appellant's May 12, 2016 motion to augment the record with documents attached to the motion is granted. The opening brief is due in 30 days. |
| 05/24/2016 | Request for judicial notice granted. | The court hereby gives notice of its intention to judicially notice the electronic copy of the superior court file. (Evid. Code, ยงยง 452, subd. (c), 455, subd. (a), 459, subds. (a)-(b).) |
| 06/23/2016 | Application filed to: | Appellant's application for relief from default regarding timeliness of the filing of the notice of appeal. Requests 30 day extension of time to file Appellant's Opening Brief. |
| 06/27/2016 | Order filed. | The Attorney General shall have until July 8, 2016 to respond to the relief from default motion. |
| 07/06/2016 | Response filed: | By Attorney General to appellant's motion for relief from default pursuant to June 27, 2016 order. |
| 07/08/2016 | Reply filed to: | Appellant's reply to respondent's opposition to application for relief from default |
| 07/15/2016 | Order filed. | The Penal Code section 1170.18, subdivision (b) resentencing petition of defendant, Peter Suggs, was denied on September 30, 2015. He did not file a notice of appeal until January 12, 2016. Defendant has filed a motion for relief from default for failure to have timely filed a notice of appeal. The Attorney General opposes the motion arguing that there is insufficient justification to grant relief from default from the failure to have timely filed a notice of appeal. The Attorney General specifically argues that defendant failed to secure the declaration of his trial counsel, Leslie Steams. Thus, given this absence of evidence from defendant's trial counsel and the objection of the Attorney General, this is a proper case for a hearing before a referee. [...] The Honorable James Brandlin is assigned to act as a referee to return factual findings on the following matters: [See order.] The hearing is ordered completed within 60 days of the filing date of this order. The referee's findings are to be filed with the clerk of this court within 10 days after the completion of the hearing contemplated by this order. [...] The parties may file letter briefs on the referee's report within 14 days after it is filed with clerk of this court. |
| 07/15/2016 | Letter sent to: | The Honorable James R. Brandlin: Enclosed is an order assigning you to act as a referee in connection with a dispute over the timeliness of the filing of a notice of appeal. [...] |
| 07/15/2016 | Order filed. | It has been necessary that an evidentiary hearing concerning the application for relief from default occur in superior court. This will entail unexpected additional expense on the part of appointed appellate counsel. Accordingly, appointed appellate counsel may file an interim compensation request at the conclusion of the evidentiary hearing before the Honorable James R. Brandlin. All other compensation requests are to be filed in the normal course of events. |
| 07/15/2016 | Default sent to court appointed counsel. | |
| 07/22/2016 | Received copy of document filed in trial court. | Superior court minute order dated July 18, 2016 appointing Judge William C. Ryan to act as referee pursuant to this court's July 15, 2016 orders. Transmitted to this court by superior court. |
| 08/01/2016 | Appellant's opening brief. | Defendant and Appellant: Peter Suggs Attorney: Melissa L. Camacho-Cheung |
| 08/29/2016 | Requested - extension of time | Respondent's brief. Requested for 09/30/2016 By 30 Day(s) |
| 08/31/2016 | Granted - extension of time. | Respondent's brief. Due on 09/30/2016 By 30 Day(s) |
| 08/31/2016 | Supplemental record/transcript filed. | Judge Brandlin's referee report by Judge William C. Ryan (re July 15, 2016 order, which provides 60 days + 10 days to file report) |
| Disposition | |
| Description: | Affirmed in full with directions |
| Date: | 02/28/2017 |
| Disposition Type: | Final |
| Publication Status: | Signed Unpublished |
| Author: | Turner, Paul |
| Participants: | Kin, Curtis A. (Concur) Baker, Lamar W. (Concur) |
| Case Citation: | none |