The People v. Garcia G050268 Court Case Public Record

  • Details

    Case TitleThe People v. Garcia
    Case NumberG050268
    Case TypeCR
    StateCalifornia, CA
    CountyAll Counties
    CourtAppellate Court
    Court Address4th Appellate District Division 3
    Phone
    Field Date
    Close Date10/31/2016
  • Parties

    CounselNameType
    Tonja R. Torres
    3579 E Foothill Blvd PMB 332
    Pasadena, CA 91107

    Chuncey Tarae Garcia
    Defendant and Appellant
    Meredith S. White
    Office of the Attorney General
    P.O. Box 85266
    San Diego, CA 92186-5266

    Laura A. Baggett
    Office of the Attorney General
    P.O. Box 85266
    San Diego, CA 92186

    Office Of The State Attorney General
    P O Box 85266
    San Diego, CA 92186-5266

    The People
    Plaintiff and Respondent
  • Docket (Register of Actions)
    Date Description Notes
    06/17/2014 Notice of appeal lodged/received (criminal). Appellant Chuncey Tarae Garcia Sentence: 17 years to life
    06/17/2014 Notice to reporter to prepare transcript. J. Rowan-Barton, J. Bullard, C. Walters, L. Henningham, A. Araneta, J. Harpster, T. Bayle
    07/29/2014 Record on appeal filed. 2CT & 3RT
    07/29/2014 Sealed document filed****** 7 envelopes
    07/29/2014 Confidential document filed********* 1 envelope
    09/04/2014 Counsel appointment order filed. Atty Tonja R. Torres appointed for aplt Chuncey Tarae Garcia. Aob extended to 10/14/14.
    10/15/2014 Requested - extension of time Appellant's opening brief. Requested for 11/13/2014 By 30 Day(s)
    10/17/2014 Granted - extension of time. Appellant's opening brief. Due on 11/13/2014 By 30 Day(s)
    11/10/2014 Motion/request for sealed or confidential transcripts filed by: by aplt and request for an eot for aob
    11/10/2014 To court. aplt's request for sealed docs and eot for aob
    12/11/2014 Modified criminal address. for appellant Chuncey Garcia
    01/12/2015 Order filed. Appellant's request to receive sealed records is treated as a request to transmit sealed records and is GRANTED in part. The clerk of this court is directed to unseal pages 248 through 321 of the reporter's transcript, and the defendant's handwritten correspondence at pages 280 through 287 of the clerk's transcript, transmit a copy to appellant's counsel of record only, and reseal the record. It is further ordered that upon issuance of the remittitur, appellant's counsel shall immediately return pages 248 through 321 of the sealed reporter's transcript to this court. Appellant's request to receive the sealed motion at pages 261 through 268 of the clerk's transcript is DENIED without prejudice subject to appellant demonstrating that appellant or counsel had access to the requested record in the trial court. (Cal. Rules of Court, rule 8.45(d)(1).) The Orange County Superior Court, Criminal Division, Felony Appeals, is ordered to prepare and transmit to this court only, no later than 10 days from the date of this order, a sealed supplemental clerk's transcript that includes the unredacted minute order of May 2, 2013, and includes entries 30 through 70, and the unredacted minute order of May 6, 2013, and includes entries 2 through 16. The Orange County Superior Court, Criminal Division, Felony Appeals, is also ordered to transmit to this court only, no later than 10 days from the date of this order, People's exhibit 2, considered by the trial court on February 22, 2014. Appellant's request for an extension of time to file appellant's opening brief is deferred pending the filing of the sealed supplemental clerk's transcript.
    01/20/2015 Supplemental record/transcript filed. CORRECTED CT-1 and three sealed envelopes (minute order of 5/2/13, minute order of 5/6/13 and People's exhibit 2 per order of 1/12/15.)
    02/03/2015 Order filed. On January 12, 2015, this court filed an order ordering the Orange County Superior Court, Criminal Division, Felony Appeals, to prepare and transmit to this court a sealed supplemental clerk's transcript that includes the unredacted minute orders from May 2, 2013, and May 6, 2013. On January 20, 2015, the Orange County Superior Court, Criminal Division, Felony Appeals, filed a sealed supplemental clerk's transcript that inadvertently includes People's sealed exhibit 2. The Orange County Superior Court, Criminal Division, Felony Appeals, is ordered to file no later than 10 days from the date of this order, a corrected sealed supplemental clerk's transcript that omits the inclusion of People's exhibit 2. The clerk of this court is directed to unseal pages 1 through 4 and page 5 of the supplemental clerk's transcript, transmit a copy to appellant's counsel of record only, and reseal the record. The requested records shall not be copied or transmitted to any other party, including appellant. It is further ordered that upon issuance of the remittitur, appellant's counsel shall immediately return pages 1 through 4 and page 5 of the sealed supplemental clerk's transcript to this court. Appellant's request to receive a copy of People's exhibit 2 is treated as a request to view a sealed exhibit and is GRANTED. The superior court is directed to permit appellant's counsel of record to view People's sealed exhibit 2 after counsel makes an appointment at the superior court exhibit room. During the appointment the superior court is directed to unseal People's exhibit 2 admitted into evidence on February 27, 2014, permit appellant's counsel of record to view the sealed exhibit, and reseal the exhibit. Any request by the parties for this court to consider exhibits shall comply with rule 8.224 of the California Rules of Court. Appellant's request for an extension of time to file appellant's opening brief is GRANTED. Appellant's opening brief shall be filed no later than 30 days
    03/06/2015 Requested - extension of time Appellant's opening brief. Requested for 04/06/2015 By 32 Day(s)
    03/06/2015 Granted - extension of time. Appellant's opening brief. Due on 04/06/2015 By 32 Day(s) LAST EXTENSION
    03/20/2015 Request filed to: aplt's 2nd request for sealed records and request for a ext of time to file brief.
    03/30/2015 Order filed. On January 12, 2015, this court filed an order denying appellant's request to receive the sealed record at pages 261 through 268 of the clerk's transcript. Appellant's request was denied without prejudice subject to appellant demonstrating that appellant or counsel had access to the sealed record in the trial court. Appellant has filed a renewed request for the sealed record at pages 261 through 268 of the clerk's transcript. In support of the request, appellate counsel filed a declaration that includes a hearsay statement that trial counsel confirmed that he received a copy of the sealed record during trial. Appellant is ordered to file, no later than 15 days from the date of this order, a signed declaration under penalty of perjury from trial counsel to confirm whether trial counsel received or had access to the sealed record at pages 261 through 268 of the clerk's transcript. Appellant's request for an extension of time to file appellant's opening brief is deferred pending further order of this court.
    04/14/2015 Request filed to: aplt's 3rd request for sealed records & request for a ext of time to file brief with signed declaration under penalty of perjury from trial counsel; pursuant to COA order filed 3/30/15.
    04/15/2015 Order on motion filed. Appellant's second request to receive sealed records is treated as a request to transmit sealed records and is GRANTED. The clerk of this court is directed to unseal pages 261 through 268 of the clerk's transcript, transmit a copy to appellant's counsel of record only, and reseal the record. The sealed record shall not be copied or transmitted to any other party, including appellant. If appellant deems it necessary to make reference to sealed material in appellant's opening brief, appellant shall comply with rule 8.46(f) of the California Rules of Court and file an unredacted opening brief under seal and also a public redacted version of appellant's opening brief. It is further ordered that counsel transmit the sealed record to this court immediately upon filing of the remittitur. Appellant's "Third Request to Receive Copies of Sealed Records" is DENIED as moot. Appellant's request for an extension of time to file appellant's opening brief is GRANTED. Appellant's opening brief shall be filed no later than 30 days from the date of this order. * SEALED PAGES 261-268 SENT TO APLT COUNSEL ON THIS DAY.*
    05/18/2015 Requested - extension of time Appellant's opening brief. Requested for 05/22/2015 By 7 Day(s)
    05/20/2015 Granted - extension of time. Appellant's opening brief. Due on 05/22/2015 By 7 Day(s)
  • Disposition
    Description: Affirmed in full
    Date: 10/31/2016
    Status: Final Judgment affirmed, Fybel/O'Leary/Ikola
    Publication Status: Signed Unpublished
    Author: Fybel, Richard David
    Participants: Ikola, Raymond J. (Concur) O'Leary, Kathleen E. (Concur)
    Case Citation: none