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United States Court Cases

California Supreme Court Record

PEOPLE v. THOMA Division LA

Parties and Attorneys

PEOPLE v. THOMA
Division LA
Case Number S134243
Party Attorney
William Louis Thoma : Defendant and Appellant
P. O. Box 270160
Susanville, CA 96127
Susan Pochter Stone
Attorney at Law
P O Box 90716
Santa Barbara, CA 93190-0716

The People : Plaintiff and Respondent
Paul M. Jr. Roadarmel
Ofc Attorney General
300 S Spring St 8th Fl
Los Angeles, CA 90013

California Public Defenders Asociation : Amicus curiae
Michael C. Mcmahon
Office of the Public Defender - Ventura County
800 S Victoria Ave #HOJ207
Ventura, CA 93009



Case Summary

Supreme Court Case:
S134243
Court of Appeal Case(s):
Second Appellate District, Div. 6
B170355
Case Caption:
PEOPLE v. THOMA
Case Category:
Review - Criminal Appeal
Start Date:
05/27/2005
Case Status:
case closed
Issues:
Petition for review after the Court of Appeal affirmed a judgment of conviction of a criminal offense. This case presents the following issue: Was defendant's silence during sentencing in a prior case when the trial court described the victim's injuries an adoptive admission within the meaning of Evidence Code section 1221 that could be relied on in a subsequent case to prove that the defendant had personally inflicted great bodily injury on that victim and thus establish that the prior conviction was a serious felony under Penal Code section 1192.7, subdivision (c)(8)?
Disposition Date:
02/14/2007
Case Citation:
none
NOTE: The statement of the issues is intended simply to inform the public and the press of the general subject matter of the case. The description set out above does not necessarily reflect the view of the court, or define the specific issues that will be addressed by the court.
Cross Referenced Cases:
No Cross Referenced Cases Found


Docket (Register of Actions)

PEOPLE v. THOMA
Division LA
Case Number S134243
Date Description Notes
05/27/2005 Petition for review filed counsel for appellant William Thoma
05/31/2005 Received: Notice of errata>>appellant William L. Thoma
05/31/2005 Record requested
06/03/2005 Received Court of Appeal record one doghouse
07/15/2005 Time extended to grant or deny review to and including August 25, 2005
07/27/2005 Petition for review granted (criminal case) Votes: George, C.J., Kennard, Baxter, Werdegar, Chin, and Moreno, JJ.
08/25/2005 Counsel appointment order filed for Susan Stone for appellant (Thoma).
09/21/2005 Request for extension of time filed to November 23, 2005 to file appellant's (Thoma) opening brief on the merits.
(faxed copy)
09/23/2005 Extension of time granted On application of appellant and good cause appearing, it is ordered that the time to serve and file the opening brief on the merits is extended to and including October 28, 2005.
10/20/2005 Request for extension of time filed to 11-27-2005 to file appellant's opening brief on the merits(faxed copy) -- Original received 10-21-2005
10/21/2005 Extension of time granted On application of appellant and good cause appearing, it is hereby ordered that the time to serve and file the opening brief on the merits is extended to and including November 27, 2005.
11/22/2005 Request for extension of time filed to 12-27-2005 to file appellant's opening brief on the merits
11/29/2005 Extension of time granted On application of appellant and good cause appearing, it is ordered that the time to serve and file opening brief on the merits is extended to and including December 27, 2005.No further extensions of time will be granted.
12/23/2005 Request for extension of time filed to January 6, 2006, to file appellant's opening brief on the merits.
[Hard copy received 12/23/2005]
12/28/2005 Extension of time granted On application of appellant and good cause appearing, it is ordered that the time to serve
and file the opening brief on the merits is extended to and including January 6, 2006.
01/09/2006 Opening brief on the merits filed William Louis Thoma, Appellant / CRC 40.1(b)
By Susan Pochter Stone, counsel
02/01/2006 Request for extension of time filed Respondent request to & including March 10, 2006 to file answer brief on the merits
02/01/2006 Received: and processed e.o.t. request
02/03/2006 Extension of time granted On application of respondent and good cause appeairng, it is ordered that the time to serve and file the answer brief on the merits is extended to and including March 10, 2006.
03/03/2006 Request for extension of time filed to file Answer Brief/ Merits respondent The People to April 9, 2006.
03/06/2006 Extension of time granted On application of respondent and good cause appearing, it is ordered that the time to serve and file the answer brief on the merits is extended to and including April 9, 2006.
04/03/2006 Request for extension of time filed to file Answer Brief/ Merits respondent The People to May 9, 2006.
04/06/2006 Extension of time granted On application of respondent and good cause appeairng, it is ordered that the time to serve and file the Respondent's Answer Brief on the Merits is extended to and including May 9, 2006.
05/09/2006 Application to file over-length brief filed respondent The People's Answer Brief/Merits
Deputy A.G. Stephanie C. Brenan
05/11/2006 Received: From the Los Angeles Office, respondent's oversized (16,425 words) answer brief on the merits, exceeding the 14,000 word limit (CRC 29.1(c)(1)
05/11/2006 Order filed The application of respondent for permission to file the answer brief on the merits
containing 16,425 words that exceeds the 14,000 word limit prescribed by California Rules of Court, rule 29.1(c)(1) by 2,425 words is hereby granted.
05/11/2006 Answer brief on the merits filed by Respondent People
05/24/2006 Request for extension of time filed to June 30, 2006, to file Appellant's Reply Brief on the Merits.
(faxed copy)
05/26/2006 Extension of time granted On application of appellant and good cause appearing, it is ordered that the time to serve and file the reply brief on the merits is extended to and including June 30, 2006.
06/27/2006 Request for extension of time filed to July 15, 2006 to file Appellant's Reply Brief on the Merits.
06/29/2006 Extension of time granted On application of appellant and good cause appearing, it is ordered that the time to serve
and file Appellant's Reply Brief on the Merits is extended to and including July 15, 2006.No further extensions of time will be granted.
07/17/2006 Reply brief filed (case fully briefed) William Louis Thoma, appellant,by Susan Pochter Stone, Supreme Court appointed counsel.
08/17/2006 Received application to file Amicus Curiae Brief and brief of California Public Defenders Association, California Attorneys for
Criminal Justice, and the Public Defender of Ventura County in support of appellant.
08/24/2006 Permission to file amicus curiae brief granted The application of California Public Defenders Association, California Attorneys for Criminal
Justice, and the Public Defender of Ventura County for permission to file an amicus curiae briefin support of appellant is hereby granted.An answer thereto may be served and filed by any party within twenty days of the filing of the brief.
08/24/2006 Amicus curiae brief filed California Public Defenders Association, California Attorneys for Criminal Justice, and
the Pulbic Defender of Ventura County in support of appellant.
12/26/2006 Received: Letter dated 12-20-2006 from Michael C. McMahon, Chief Deputy Public Defender of
Ventural County.
02/14/2007 Transferred to CA 2/6 after hold The above-entitled matter is transferred to the Court of Appeal, Second Appellate District, Division Six, with directions to vacate its decision and to reconsider the cause in light of People v. Trujillo (2006) 40 Cal.4th 165. (Cal. Rules of Court, rule 8.528(d).)votes: George, C.J., Kennard, Baxter, Werdegar, Chin, Moreno, and Corrigan, JJ.
04/11/2007 Compensation awarded counsel Atty Stone
05/24/2007 Received: Copy of letter from Michael C. McMahon, Chief Deputy Public Defender - Ventural County,
dated May 21, 2007, addressed to Paul Mcgill, Clerk, CA2/Div.6.


Briefs

PEOPLE v. THOMA
Division LA
Case Number S134243
Brief Date Filed Party and Attorney Notes
Opening brief on the merits filed 01/09/2006 William Louis Thoma, Appellant / CRC 40.1(b) By Susan Pochter Stone, counsel
Answer brief on the merits filed 05/11/2006 by Respondent People
Reply brief filed (case fully briefed) 07/17/2006 William Louis Thoma, appellant,
by Susan Pochter Stone, Supreme Court appointed counsel.
Amicus curiae brief filed 08/24/2006 California Public Defenders Association, California Attorneys for Criminal Justice, and the Pulbic Defender of Ventura County in support of appellant.


Disposition

PEOPLE v. THOMA
Division LA
Case Number S134243
Only the following dispositions are displayed below: Orders Denying Petitions, Orders Granting Rehearing and Opinions. Go to the Docket Entries screen for information regarding orders granting review.
Case Citation:
none
Date Description
02/14/2007 Transferred to CA 2/6 after Hold


Lower Court

PEOPLE v. THOMA
Division LA
Case Number S134243
Court of Appeal District/Division:
Second Appellate District , Div. 6
Court of Appeal Case Number:
B170355
Disposition:
Affirmed/part, rev/part, remanded w/direction
Disposition Date:
05/15/2007
Click the above Court of Appeal Case Number link for further information.
Trial Court:
Ventura County Superior Court - Main (Ventura)
Trial Court Case Number:
2003008254