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United States Court Cases

California Fourth Appellate District Division 3 Record

The People v Cruz

Parties and Attorneys

The People v Cruz
Case Number G021861
Party Attorney
Daniel Isadore Cruz : Defendant and Appellant
Calif. Correctional Facility
P.O. Box 5500 D-1-209-up
Wasco, CA 93280
Brett Harding Duxbury
2155 Verdugo Blvd.
Suite 612
Montrose, CA 91020

People Of The State Of Calif. : Plaintiff and Respondent
Office Of The State Attorney General
P O Box 85266
San Diego, CA 92186-5266

Royce Edward Hatmaker : Defendant and Appellant
Sharon M. Jones
P O Box 1663
Ventura, CA 93002



Case Summary

Trial Court Case:
95NF2951
Court of Appeal Case:
G021861
Supreme Court Case:
S084137
Division:
Case Caption:
The People v Cruz
Case Type:
CR
Filing Date:
07/01/1997
Completion Date:
03/24/2000
Oral Argument Date/Time:


Docket (Register of Actions)

The People v Cruz
Case Number G021861
Date Description Notes
07/09/1997 Notice of appeal lodged/received (criminal). Appellant - Daniel Isadore CruzI/C - Life Plus 8 Yrs And 8 Months
07/16/1997 Notice of appeal lodged/received (criminal). 2nd Appeal - Co Deft Royce Edward HatmakerI/C Life Plus 11 Years
07/23/1997 Change of address filed for: Appel Daniel Cruz From Adi
08/28/1997 Change of address filed for: Daniel Isadore Cruz
09/23/1997 Record on appeal filed. C-2, R-3
10/03/1997 Counsel appointment order filed. Brett Duxbury Appointed For Daniel Cruz//Aob Due11-12-97
10/08/1997 Counsel appointment order filed. Sharon Jones Appointed For Hatmaker//Aob Due11-17-97
10/14/1997 Change of address filed for: Royce Edward Hatmaker
11/10/1997 Motion/application to augment record filed. Appellant Royce Hatmaker And Request To ExtendTime To File Brief
11/13/1997 "No Opposition" by A.G. re motion to aug. filed.
11/13/1997 To court. Order For Signature Re Motion To Augment And ExtFor Aob
11/13/1997 Augmentation granted. (See order.) Arf Due 12-15-97//Aob Due 30 Days After
11/14/1997 Application for extension of time received. Aob As To Daniel Isadore Cruz
11/14/1997 Granted - extension of time. Aob Due 12-12-97 As To Daniel Isadore Cruz
12/16/1997 Application for extension of time received. To File Aob As To Daniel Cruz Only(To Sharon)
12/16/1997 Granted - extension of time. Aob Due 1-12-98 As To Daniel Cruz
01/12/1998 Appellant's opening brief. As To Cruz Only
01/30/1998 Augmented record filed. C-0, R-1 Aob As To Hatmaker Due W/In 30 Days
02/19/1998 Appellant's opening brief. As To Royce Hatmaker Only
03/03/1998 Filed joinder of: Applt Hatmaker Joins In To Arguments 2 & 3 Of AobOf Applt Cruz
03/18/1998 Application for extension of time received. To File Rb As To The People
03/18/1998 Granted - extension of time. To File Rb As To The People By 4-20-98
04/17/1998 Application for extension of time received. To File Rb As To People
04/17/1998 Granted - extension of time. To File Rb As To The People By 5-20-98
05/27/1998 Respondent notified pursuant to rule 17(c). As To People
06/03/1998 Respondent's brief. As To People
06/22/1998 Appellant's reply brief. As To Royce E. Hatmaker
06/24/1998 Appellant's reply brief. As To Daniel Isadore Cruz
06/24/1998 Case fully briefed.
06/24/1998 Argument letter sent.
06/24/1998 Note: Amended Proof Of Service Received From Atty BrettHarding Duxbury
07/10/1998 Oral argument deemed waived.
10/06/1998 Case briefed and on assignment panel. Oct 1998 waiver
03/22/1999 Note: Panel changed from (D)SB to (D)CB to accomodate Sonenshine'sretirement
07/14/1999 Order filed. parties invited to file suppl briefs on issues in light of namedSupreme Crt decisions (see order). Any suppl applt's brief due by8/9; any suppl resp's brief due by 8/23; any suppl reply brief due by8/30 (to author-Sills)
07/22/1999 Supplemental brief filed by: Defendant and Appellant: Daniel Isadore Cruz
Attorney: Brett Harding Duxbury Attorney: Duxbury, Brett Harding (per order filed 7/14) Party: Cruz, Daniel Isadore (sent to Sills)
08/09/1999 Supplemental brief filed by: Defendant and Appellant: Royce Edward Hatmaker
Attorney: Sharon M. Jones Attorney: Jones, Sharon M. (per order filed 7/14) Party: Hatmaker, Royce Edward (send to Sills)
08/18/1999 Supplemental brief filed by: Plaintiff and Respondent: People Of The State Of Calif.
Attorney: Office Of The State Attorney General Attorney: Office Of The State Attorney General (per order of 7/14) Party: People Of The State Of Calif. (send to Sills)
08/24/1999 Supplemental brief filed by: Defendant and Appellant: Daniel Isadore Cruz
Attorney: Brett Harding Duxbury
Defendant and Appellant: Royce Edward Hatmaker
Attorney: Sharon M. Jones Attorney: Duxbury, Brett Harding (Suppl reply per 7/14 ordr-to Sills) Party: Cruz, Daniel Isadore
08/31/1999 Note: NO suppl reply filed by applt Hatmaker
10/27/1999 Opinion filed. judgment affirmed/non-pub/SIL/CRO/BED
12/06/1999 Petition for review in Supreme Court received. by applt Daniel Cruz
12/08/1999 Record transmitted to Supreme Court.
01/03/2000 Note: matter pending in Supreme
01/21/2000 Petition for review denied in Supreme Court. Aplt's petition / Filed 1-19-00 in Supreme Court
01/24/2000 Note: matter pending in Supreme
01/31/2000 Record returned from Supreme Court. 2= aob 1= rb 1=arb 1= misc. folder 2= misc. brief1= dh 1= ck
03/24/2000 Remittitur issued.
03/24/2000 Case complete.
03/15/2001 Shipped to state retention center, box # / list #: List 52 Box 9 & 10 src 0963668 & src 0963669
03/03/2020 Record destroyed pursuant to rule 10.1028


Briefs

The People v Cruz
Case Number G021861
Brief Due Date Date Filed Party and Attorney Notes
Appellant's opening brief. 01/12/1998 As To Cruz Only
Appellant's opening brief. 02/19/1998 As To Royce Hatmaker Only
Respondent's brief. 06/03/1998 As To People
Appellant's reply brief. 06/22/1998 As To Royce E. Hatmaker
Appellant's reply brief. 06/24/1998 As To Daniel Isadore Cruz
Supplemental brief filed by: 07/22/1999 Defendant and Appellant: Daniel Isadore Cruz
Attorney: Brett Harding Duxbury
Attorney: Duxbury, Brett Harding (per order filed 7/14)
Party: Cruz, Daniel Isadore (sent to Sills)
Supplemental brief filed by: 08/09/1999 Defendant and Appellant: Royce Edward Hatmaker
Attorney: Sharon M. Jones
Attorney: Jones, Sharon M. (per order filed 7/14)
Party: Hatmaker, Royce Edward (send to Sills)
Supplemental brief filed by: 08/18/1999 Plaintiff and Respondent: People Of The State Of Calif.
Attorney: Office Of The State Attorney General
Attorney: Office Of The State Attorney General (per order of 7/14)
Party: People Of The State Of Calif. (send to Sills)
Supplemental brief filed by: 08/24/1999 Defendant and Appellant: Daniel Isadore Cruz
Attorney: Brett Harding Duxbury

Defendant and Appellant: Royce Edward Hatmaker
Attorney: Sharon M. Jones
Attorney: Duxbury, Brett Harding (Suppl reply per 7/14 ordr-to Sills)
Party: Cruz, Daniel Isadore


Future Scheduled Actions

The People v Cruz
Case Number G021861

No information found.



Disposition

The People v Cruz
Case Number G021861
Description:
Affirmed in part and reversed in part
Date:
10/27/1999
Disposition Type:
Final
Publication Status:
Signed Unpublished
Author:
Sills, David G.
Participants:
Bedsworth, William W. (Concur)
Crosby, Jr., Thomas F. (Concur)
Case Citation:
none


Trial Court

The People v Cruz
Case Number G021861
Trial Court Name:
Orange County Superior Court - Main
County:
Orange
Trial Court Case Number:
95NF2951
Trial Court Judge:
Trial Court Judgment Date:
05/16/1997