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United States Court Cases

California Second Appellate District Record

The People v. Preasmyer Division 3

Parties and Attorneys

The People v. Preasmyer
Division 3
Case Number B206583
Party Attorney
The People : Plaintiff and Respondent
Office of the Attorney General
300 South Spring Street
Fifth Floor, North Tower
Los Angeles, CA 90013

Contact Name: Robert David Breton

Amy Lynn Preasmyer : Defendant and Appellant
Central California Women's Facility
P.O. Box 1501
Chowchilla, CA 93610-1501
David Y. Stanley
1257 Siskiyou Boulevard
#171
Ashland, CA 97520



Case Summary

Trial Court Case:
MA031418
Court of Appeal Case:
B206583
Supreme Court Case:
S183233
Division:
3
Case Caption:
The People v. Preasmyer
Case Type:
CR
Filing Date:
02/15/2008
Completion Date:
08/03/2010
Oral Argument Date/Time:
04/14/2010 01:30 PM


Docket (Register of Actions)

The People v. Preasmyer
Division 3
Case Number B206583
Date Description Notes
03/20/2008 Notice of appeal lodged/received (criminal). 2-15-08 Amy L Preasmyer
03/20/2008 Appellant notified re: right to counsel.
03/20/2008 Financial affidavit sent.
04/02/2008 Financial affidavit filed.
04/02/2008 N/A sent to CAP for appointment recommendation.
04/30/2008 Record imaged. To Ikon
04/30/2008 Record on appeal filed. c-4 (1167 pgs), r-20, s-8
05/07/2008 Record imaged. From Ikon
05/13/2008 Counsel appointment order filed. David Y. Stanley appointed for aplt PreasmyerOpening brief is due in 30 days.
06/10/2008 Requested - extension of time
Appellant's opening brief. Requested for 07/14/2008 By 32 Day(s)
06/10/2008 Granted - extension of time.
Appellant's opening brief. Due on 07/14/2008 By 32 Day(s)
07/11/2008 Requested - extension of time
Appellant's opening brief. Requested for 08/13/2008 By 30 Day(s)
07/11/2008 Granted - extension of time.
Appellant's opening brief. Due on 08/13/2008 By 30 Day(s)
08/12/2008 Requested - extension of time
Appellant's opening brief. Requested for 09/12/2008 By 30 Day(s)
08/12/2008 Granted - extension of time.
Appellant's opening brief. Due on 09/12/2008 By 30 Day(s)
09/10/2008 Requested - extension of time
Appellant's opening brief. Requested for 10/14/2008 By 32 Day(s)
09/12/2008 Granted - extension of time.
Appellant's opening brief. Due on 10/14/2008 By 32 Day(s)
10/14/2008 Appellant's opening brief. Defendant and Appellant: Amy Lynn Preasmyer
Attorney: David Y. Stanley
11/13/2008 Requested - extension of time
11/14/2008 Granted - extension of time.
12/15/2008 Requested - extension of time
12/15/2008 Granted - extension of time.
01/12/2009 Requested - extension of time
01/13/2009 Granted - extension of time. (C*)
02/13/2009 Requested - extension of time
02/18/2009 Granted - extension of time.
03/03/2009 Filed letter from: atty. David Stanley re change of phone number to (541)535-6331
03/04/2009 Request filed to: file supplemental opening brief
03/05/2009 Order filed. request to file supplemental opening brief granted (K)
03/05/2009 Supplemental brief filed by: Defendant and Appellant: Amy Lynn Preasmyer
Attorney: David Y. Stanley
03/09/2009 Record omission letter received. by atty. Stanley for aplt.dtd 3-2-09
03/09/2009 Letter sent to: 8.340 briefing not stayed
03/09/2009 Requested - extension of time to 30 days after supplemental record is filed
03/11/2009 Order filed. Respondent's brief shall be due within 30 days after the filing of the supplemental record on appeal (C)
04/24/2009 Supplemental record/transcript filed. 8.340 clerk (pr) RB+30c-1 (3 pgs) includes cert of clerk re unable to loccate items requested in court file.
05/20/2009 Requested - extension of time
05/21/2009 Granted - extension of time.
06/15/2009 Requested - extension of time
06/18/2009 Granted - extension of time.
07/14/2009 Requested - extension of time
07/15/2009 Granted - extension of time.
08/14/2009 Requested - extension of time
08/14/2009 Granted - extension of time. ***NO FURTHER*** (C)
09/15/2009 Requested - extension of time
09/17/2009 Denied - extension of time. C,K
09/17/2009 Respondent notified re failure to file respondent's brief.
10/13/2009 Request filed to: A.G.'s request to file an oversized Respondent's Brief. Respondent's brief contains 27,607 words.
10/15/2009 Order filed. denying respondents' request to file oversized brief A,PK
10/15/2009 Respondent's brief. Plaintiff and Respondent: The People
Attorney: Office of the Attorney General
11/03/2009 Requested - extension of time
Appellant's reply brief. Requested for 11/24/2009 By 20 Day(s)
11/04/2009 Granted - extension of time.
Appellant's reply brief. Due on 11/24/2009 By 20 Day(s)
11/24/2009 Appellant's reply brief. Defendant and Appellant: Amy Lynn Preasmyer
Attorney: David Y. Stanley
11/24/2009 Case fully briefed.
02/02/2010 Filed letter from: atty. Stanley re change in phone number-new phone number is 541-708-5146
03/11/2010 Note: Rec'd copies of pages 58 - 66 (Probation report) from A.G. (probation report was missing from the court's record)
03/12/2010 Calendar notice sent. Calendar date:
03/19/2010 Exhibits received from county clerk. One env. (MA031418).
04/14/2010 Argument waived, cause submitted.
04/28/2010 Exhibits returned to county clerk. One env. (MA031418).4/29/2010 Sup. Ct. p/u by Sharon D.
04/28/2010 Opinion filed. (Signed Unpublished) Reversed in part and affirmed in part with modifications. 22 pages (Aldrich-Croskey-Kitching)
06/04/2010 Service copy of petition for review received. S183233
06/04/2010 Record transmitted to Supreme Court. 1x6"
07/14/2010 Petition for review denied in Supreme Court.
07/23/2010 Record returned from Supreme Court. 1x6"
08/03/2010 Remittitur issued.
08/03/2010 Case complete.
03/23/2015 Record retrieved from archives.
04/15/2015 Record returned to archives.


Briefs

The People v. Preasmyer
Division 3
Case Number B206583
Brief Due Date Date Filed Party and Attorney Notes
Appellant's opening brief. 10/14/2008 Defendant and Appellant: Amy Lynn Preasmyer
Attorney: David Y. Stanley

Supplemental brief filed by: 03/05/2009 Defendant and Appellant: Amy Lynn Preasmyer
Attorney: David Y. Stanley

Respondent's brief. 10/15/2009 Plaintiff and Respondent: The People
Attorney: Office of the Attorney General

Appellant's reply brief. 11/24/2009 Defendant and Appellant: Amy Lynn Preasmyer
Attorney: David Y. Stanley



Future Scheduled Actions

The People v. Preasmyer
Division 3
Case Number B206583

No information found.



Disposition

The People v. Preasmyer
Division 3
Case Number B206583
Description:
Affirmed in part and reversed in part
Date:
04/28/2010
Disposition Type:
Final
Reversed in part and affirmed in part with modifications.
Publication Status:
Signed Unpublished
Author:
Aldrich, Richard D.
Participants:
Kitching, Patti S. (Concur)
Croskey, H. Walter (Concur)
Case Citation:
none


Trial Court

The People v. Preasmyer
Division 3
Case Number B206583
Trial Court Name:
Los Angeles County Superior Court
County:
Los Angeles
Trial Court Case Number:
MA031418
Trial Court Judge:
Kennedy, Kathleen
Trial Court Judgment Date:
02/05/2008