Parties and Attorneys
The People v. Trejo **WENDE**
Division 3
Division 3
Case Number B304686
| Party | Attorney |
|---|---|
| The People : Plaintiff and Respondent | Office of the Attorney General 300 South Spring St. 1st Floor Los Angeles, CA 90013 |
| Juan Carlos Trejo : Defendant and Appellant California State Prison, Corcoran P.O. Box 5242 Corcoran, CA 93212-5242 | Jenny Brandt Law Offices of Jenny Brandt 825 Page St., Suite 102 Berkeley, CA 94710 |
Case Summary
Trial Court Case:
PA020848
Court of Appeal Case:
B304686
Caution: For information on when opinions may be cited or relied upon, click here .
Division:
3
Case Caption:
The People v. Trejo **WENDE**
Case Type:
CR
Filing Date:
02/05/2020
Completion Date:
02/07/2022
Oral Argument Date/Time:
Docket (Register of Actions)
The People v. Trejo **WENDE**
Division 3
Division 3
Case Number B304686
| Date | Description | Notes |
|---|---|---|
| 03/04/2020 | Notice of appeal lodged/received (criminal). | 02/05/2020 Juan Carlos Trejo |
| 03/16/2020 | N/A sent to CAP for appointment recommendation. | |
| 03/23/2020 | Record on appeal filed. | C-1 (30 Pages) |
| 05/01/2020 | Counsel appointment order filed. | Jenny Brandt appointed |
| 05/28/2020 | Requested - extension of time | |
| 05/28/2020 | Granted - extension of time. | |
| 06/25/2020 | Requested - extension of time | |
| 06/25/2020 | Granted - extension of time. | |
| 07/28/2020 | Requested - extension of time | |
| 07/31/2020 | Granted - extension of time. | Edmon, P.J. |
| 08/26/2020 | Requested - extension of time | |
| 09/01/2020 | Granted - extension of time. | Extension granted to 9/30/20; no further extensions will be granted. Edmon, P.J. |
| 09/30/2020 | Wende brief filed. | Defendant and Appellant: Juan Carlos Trejo Attorney: Jenny Brandt |
| 09/30/2020 | No merit brief letter sent. | |
| 09/30/2020 | Note: | Appellant's request for judicial notice rejected via TrueFiling.com for lack of electronic bookmarks. Proposed order also needed. |
| 09/30/2020 | Request for judicial notice filed. | Appellant's request to take judicial ntoice of the record in Peo v Rivera, et al, appellate case number B108281 |
| 10/27/2020 | Request for judicial notice granted. | Good cause having been shown, appellant's request for judicial notice of the record on appeal in People v. Rivera, et al., Second District Court of Appeal Case Number B108281 and to take judicial notice of this Court's unpublished opinion in the same matter, is GRANTED. Edmon, P.J. |
| 10/30/2020 | Note: | Supplemental brief was due October 30, 2020 and not filed |
| 11/19/2020 | Original entry stricken - sequence no. not removed. | Submission date vacated on 12/8/21 |
| 12/08/2020 | Order filed. | The court has read and considered the brief filed under People v. Wende (1979) 25 Cal.3d 436, and has determined arguable issues may exist. Following a jury trial, Juan Trejo was convicted in 1997 of one count of second-degree murder, one count of premeditated attempted murder, and one count of assault with a firearm on a person. The jury also found true the allegations that a principal used a gun during each offense. It appears that Trejo and a co-defendant, Mainor Rivera, were involved in a shooting with rival gang members and Albert Aceves was killed during the shooting. Aceves, however, was shot and killed by Rivera, not Trejo. Trejo was sentenced to a term of 16 years to life in prison. Trejo's petition for resentencing under Penal Code section 1170.95 was denied by the trial court before appointing counsel for Trejo and without input from the prosecutor. Counsel for Trejo is directed to file an informal letter brief within 30 days of the date on which this order is filed addressing the following questions: 1. Did the court err by not appointing counsel for Trejo, and waiting for additional briefing, before denying his petition? (See People v. Tarkington (2020) 49 Cal.App.5th 892, 917, review granted Aug. 12, 2020, S263219 (dis. opn. of Lavin, J.); People v. Cooper (2020) 54 Cal.App.5th 106, 118.) Was the error prejudicial? 2. Did the trial court engage in impermissible fact-finding at the prima facie stage? (See People v. Drayton (2020) 47 Cal.App.5th 965, 982.) Was the error prejudicial? 3. What theories of murder was Trejo's jury instructed on (e.g., direct aiding and abetting, implied malice murder, felony murder)? 4. The newly-elected Los Angeles County District Attorney announced new resentencing policies for Penal Code section 1170.95 petitions: https://da.lacounty.gov/sites/default/files/pdf/SPECIAL-DIRECTIVE-20-14.pdf Do the new policies affect this appeal? If so, how? The People are directed to file an informal respondent's brief within 20 days of the filing of Trejo's brief. Trejo's counsel may file an informal reply brief within 10 days of the filing of the respondent's brief. Any prior submission is vacated. Lavin, Acting P. J. |
| 12/08/2020 | Vacate submit date. | See order dated December 8, 2020. |
| 01/07/2021 | Letter brief filed. | Defendant and Appellant: Juan Carlos Trejo Attorney: Jenny Brandt |
| 01/07/2021 | Motion filed. | Appellant's Motion for stay of appeal and limited remand |
| 01/29/2021 | Stay order filed. | Appellant's January 7, 2021 motion to stay the appeal and for a limited remand to seek relief under Penal Code section 1170.95 is granted. (People v. Gentile (2020) 10 Cal.5th 830, 858-859.) To date, the Attorney General's office has not filed a response or opposition to the motion, and has not filed a responsive brief as directed by this court. Appellant shall promptly notify this Court upon completion of the proceedings in the trial court. This Court expresses no opinion on how the trial court should rule upon remand. Edmon, P.J. / Lavin, J. / Egerton J. |
| 04/21/2021 | Filed letter from: | Appellant's status updateThis is a status report regarding proceedings in the Superior Court in the above-captioned matter since this Court's stay and remand order. In short, the matter is currently awaiting briefing from the Los Angeles County District Attorney, ordered by the Superior Court pursuant to Penal Code section 1170.95, subdivision (c). That brief is due June 11, 2021. |
| 06/23/2021 | Filed letter from: | Appellants status report letter dated June 23, 2021Re: Status Report To the Honorable Lee Smalley Edmon, Presiding Justice, and the Associate Justices of the Second District Court of Appeal, Division Three: On January 29, 2021, this Court granted appellant, Juan Carlos Trejo's, motion to stay the instant appeal. This Court also granted his request for a limited remand to the Superior Court so that Mr. Trejo could seek relief under Penal Code section 1170.95. This is a status report regarding proceedings in the Superior Court in the above-captioned matter since this Court's stay and remand order. On March 18, 2021, the trial court appointed the Alternate Public Defender's Office to represent Mr. Trejo in the resentencing proceedings. The Court ordered the prosecution to file a response to the pro per petition, under Penal Code section 1170.95, subdivision (c), by June 11, 2021. The District Attorney filed their opposition on June 11, 2021. The trial court then set a due date of July 12, 2021, for appellant's reply brief. (See attached minute order.) On June 22, 2021, I spoke with appellant's public defender, Deputy Alternate Public Defender Violet Magapan. It is my understanding that she intends to file a reply brief by that date. I will follow up with her on July 12, 2021, and continue to closely monitor the case for a disposition of the petition. I intend to file an updated status letter by July 19, 2021, on the status of the reply brief and a hearing date. |
| 07/22/2021 | Filed letter from: | Appellant's status report, letter dated July 22, 2021.On July 12, 2021, the court granted a motion to continue the date to file the reply. The reply is now due on September 14, 2021. A true and correct copy of the minute order from the July 12, 2021, proceeding is attached to this letter. |
| 09/16/2021 | Filed letter from: | Appellant's status report, letter dated September 16, 2021 A copy of minute order dated September 14, 2021, is attached. |
| 09/17/2021 | Received: | Appellant's proposed order re motion to augment |
| 09/17/2021 | Motion/application to augment record filed. | Appellant's motion to augment the record on appeal |
| 10/08/2021 | Augmentation granted. (See order.) | Appellant's motion to augment the record on appeal is granted. The record on appeal is ordered augmented with the transcripts described below. The clerk of the superior court is ordered to prepare an augmented clerk's transcript consisting of the following: 1. Juan Carlos Trejo's petition for resentencing (03/12/2021) 2. Minute order of proceedings (03/23/2021) 3. Minute order of proceedings (06/11/2021) 4. People's response to petition for resentencing (06/11/2021) 5. Minute order of proceedings (07/12/2021) 6. Petitioner's response to the People's reply to petition for resentencing (09/13/2021) 7. Unreported minute order summarily denying petition (09/13/2021) 8. Written order/opinion/decision summarily denying petition (09/13/2021) 9. Any minute orders not identified above from proceedings between 03/12/2021 to the date of this order. Lavin, Acting P.J. |
| 10/08/2021 | Order filed. | BY THE COURT: * In this appeal, Juan Trejo challenges the trial court's January 22, 2020 post-judgment order denying his petition for resentencing under Penal Code1 section 1170.95. On January 29, 2021, this court granted Trejo's motion to stay this appeal and for a limited remand to allow him to seek relief under section 1170.95. On October 8, 2021, this court granted Trejo's motion to augment the record. Based on the augmented record, it appears that the trial court entered a new order on September 13, 2021, denying Trejo's supplemental petition; the denial of that order is challenged by Trejo in a subsequently filed appeal (B315208). Thus, it appears that this appeal is moot and the previously imposed stay is hereby lifted. Within 30 days of the filing of the augmented record, counsel for Trejo shall either (1) file a new appellant's opening brief and move to strike the brief filed on September 30, 2020, under People v. Wende (1979) 25 Cal.3d 436, or (2) notify this court that counsel wishes to proceed under the previously-filed Wende brief. If Trejo's counsel files a new appellant's opening brief and moves to strike the previously-filed brief, the appeal shall proceed under California Rules of Court, rule 8.360. If Trejo's counsel notifies this court that counsel wishes to proceed under the brief filed on September 30, 2020, under People v. Wende, supra, 25 Cal.3d 436, the matter shall be resubmitted as of the date of the notification. IT IS SO ORDERED. Lavin, Acting P.J. |
| 10/13/2021 | Augmentation order faxed to: | SCLA & CRS in re augmentation order dtd 10.8.21 |
| 10/13/2021 | Change of address filed for: | notice of change of attorney address (Attorney Jenny Brandt) |
| 10/22/2021 | Received copy of document filed in trial court. | Turndown letter from SCLA dtd 10.8.21 in re rule 8 letter dtd 9.16.21. The request for the Clerk's Transcript for all brief and/or petition for resentencing and resentencing minute order, reference for petition was denied on Sept 13, 2021. They were prepared and Included the documents on the second Notice of Appeal filed on 9/20/21, reference DCA# B315208. OCA filed Clerk's Transcripts on 10/05/21. Therefore the Turndown Is prepared. |
| 10/27/2021 | Augmented record filed. | in re augmentation order dtd 10.8.21C-1 (182 pgs) |
| 11/29/2021 | Filed letter from: | Appellant's letter dated November 29, 2021, re notice of submission of matter on briefing |
| 11/29/2021 | Cause submitted. | |
| 12/07/2021 | Opinion filed. | (Signed Unpublished) The appeal from the January 22, 2020 order is dismissed. Panel: Lavin, J., Edmon, P. J. and Egerton, J. |
| 02/07/2022 | Remittitur issued. | |
| 02/07/2022 | Case complete. |
Briefs
The People v. Trejo **WENDE**
Division 3
Division 3
Case Number B304686
| Brief | Due Date | Date Filed | Party and Attorney | Notes |
|---|---|---|---|---|
| Wende brief filed. | 09/30/2020 | Defendant and Appellant: Juan Carlos Trejo Attorney: Jenny Brandt | | |
| Letter brief filed. | 01/07/2021 | Defendant and Appellant: Juan Carlos Trejo Attorney: Jenny Brandt | |
Future Scheduled Actions
The People v. Trejo **WENDE**
Division 3
Division 3
Case Number B304686
No information found.
Disposition
The People v. Trejo **WENDE**
Division 3
Division 3
Case Number B304686
Description:
Dismissed by opinion
Date:
12/07/2021
Disposition Type:
Final
Publication Status:
Signed Unpublished
Author:
Lavin, Luis A.
Participants:
Egerton, Anne Harwood (Concur)
Edmon, Lee Smalley (Concur)
Edmon, Lee Smalley (Concur)
Case Citation:
none
Trial Court
The People v. Trejo **WENDE**
Division 3
Division 3
Case Number B304686
Trial Court Name:
Los Angeles County Superior Court
County:
Los Angeles
Trial Court Case Number:
PA020848
Trial Court Judge:
Zacky, Hayden
Trial Court Judgment Date:
01/22/2020