The People v. Lemmon et al. C074689 Court Case Public Record

  • Details

    Case TitleThe People v. Lemmon et al.
    Case NumberC074689
    Case TypeCR
    StateCalifornia, CA
    CountyAll Counties
    CourtAppellate Court
    Court Address3rd Appellate District
    Phone
    Field Date
    Close Date10/25/2016
  • Parties

    CounselNameType
    Jesse Witt
    Office of the State Attorney General
    P.O. Box 944255
    Sacramento, CA 94244-2550

    The People
    Plaintiff and Respondent
    Cheryl Rae Anderson
    Attorney at Law
    P.O. Box 29
    Roseville, CA 95678

    Kevin Frank Lemmon
    Defendant and Appellant
    J. Peter Axelrod
    Attorney at Law
    1275 Fourth Street, PMB 341
    Santa Rosa, CA 95404

    William Lee Freed, Jr.
    Defendant and Appellant
    Central California Appellate Program
    2150 River Plaza Drive, Suite 300
    Sacramento, CA 95833

    Central California Appellate Program
    Information only
  • Docket (Register of Actions)
    Date Description Notes
    09/10/2013 Notice of appeal lodged/received (criminal). Filed in the trial court on 09/06/13 by appellant Lemmon. First Degree Murder.
    10/02/2013 Filed application and order of: Record preparation inquiry follow-up due. Due on 10/16/2013 By 15 Day(s) CSR Mary Alice Taylor to 10/16/13. Completed 43 of 52 hours.
    10/07/2013 Received: written confirmation from CCAP appellant's location is at DVI.
    10/09/2013 Notice of appeal lodged/received (criminal). Filed in the trial court 10/7/13 by appellant Freed. First Degree Murder.
    11/22/2013 Record on appeal filed. 2 Vols. CT as to defendant Frank Lemmon (341 pgs); 2 Vols. CT as to defendant William Lee Freed, Jr. (351 pgs.); 3 Vols. RT (1316 pgs.); 2 confidential probation reports; 1 sealed CT (pgs. 150-154). AOB due: 01/02/14.
    12/02/2013 Appointment/recommendation req. for counsel filed. For appellant Freed.
    12/03/2013 Counsel appointment order filed. Attorney J. Peter Axelrod appointed for appellant Freed. AOB remains due: 01/02/14
    12/03/2013 Appointment/recommendation req. for counsel filed. Appellant Lemmon.
    12/04/2013 Counsel appointment order filed. Cheryl Anderson for appellant Lemmon. AOB due: 1/3/14.
    12/30/2013 Record omission letter received. from appellant Lemmon dated 12/27/13. Briefing suspended.
    12/30/2013 Modified criminal address. Appellant Kevin Frank Lemmon. Old address: Deuel Vocational Institution, P.O. Box 600, Tracy, 95378. New address: California Medical Facility - North, P.O. Box 4000, Vacaville, 95696. pursuant to letter from Cheryl Rae Anderson.
    12/30/2013 Motion/application to augment record filed. by appellant Lemmon.
    01/10/2014 Augmentation granted. (See order.) Appellant Lemmon's motion filed 12/30/13. Due: 1/30/14.
    01/13/2014 Supplemental record/transcript filed. 1 Vol. RT (17 pp.) (Appellant Lemmon's omission letter dated 12/27/13) Briefing remains suspended pending the filing of the augmented record.
    02/05/2014 Requested - extension of time. Augmented record filed. Requested for 02/28/2014 By 18 Day(s) CSR Mary Alice Taylor to 02/28/14 to complete augmented record. 10 of 32 hours complete.
    02/07/2014 Granted - extension of time. Augmented record filed. Due on 02/28/2014 By 18 Day(s) CSR Mary Alice Taylor to 02/28/14.
    02/21/2014 Received copy of letter from Attorney Cheryl Anderson to Judge Beatty dated 2/20/14 requesting correction of presentence credits for appellant Kevin Lemmon.
    03/10/2014 Requested - extension of time. Augmented record filed. Requested for 03/10/2014 By -2 Day(s) CSR Mary Alice Taylor to 3/10/14. Completed 27 out of 32 hours.
    03/11/2014 Granted - extension of time. Augmented record filed. Due on 03/10/2014 By 10 Day(s) CSR Mary Alice Taylor to 3/10/14 to file augmented record.
    03/12/2014 Augmented record filed. 1 vol. CT (53 pp.), 2 vols. RT (773 pp.), exhibits: People's 71 (DVD), defendant Lemmon's H + I (large poster boards) AOBs due: 04/11/14.
    03/12/2014 Exhibits received from county clerk. People's 71 (DVD) and 2 lg. poster boards.
    03/20/2014 Request filed: By appellant Freed to view sealed material.
  • Disposition
    Description: Affirmed with modifications
    Date: 09/29/2016
    Status: Final The judgment against Lemmon is modified by staying the sentence on count two and its enhancements pursuant to Penal Code section 654. As modified, Lemmon's judgment is affirmed. The trial court shall amend Lemmon's abstract of judgment to correct the clerical error in item four of the abstract indicating Lemmon was sentenced pursuant to two strikes. The judgment against Freed is affirmed. The trial court shall amend Freed's abstract of judgment to correct the clerical error in item four of the abstract indicating Freed was sentenced pursuant to two strikes. The trial court shall then forward a certified copy of the amended abstracts to the Department of Corrections and Rehabilitation.
    Publication Status: Signed Unpublished
    Author: Blease, Coleman A.
    Participants: Nicholson, George W. (Concur) Butz, M. Kathleen (Concur)
    Case Citation: none