Parties and Attorneys
The People v. Erwin
Case Number F041290
| Party | Attorney |
|---|---|
| The People : Plaintiff and Respondent | Harry Joseph Colombo Office of the Attorney General P.O. Box 944255 Sacramento, CA 94244 |
| Willie George Erwin : Defendant and Appellant Wasco State Prison P.O. Box 5500 Wasco, CA 93280 | Dennis A. Fischer Law Office Of Dennis A. Fischer 1448 Fifteenth St., Ste. 206 Santa Monica, CA 90404 |
Case Summary
Trial Court Case:
663108-9
Court of Appeal Case:
F041290
Supreme Court Case:
S126482
Division:
Case Caption:
The People v. Erwin
Case Type:
CR
Filing Date:
08/15/2002
Completion Date:
08/30/2004
Oral Argument Date/Time:
05/17/2004 10:00 AM
Docket (Register of Actions)
The People v. Erwin
Case Number F041290
| Date | Description | Notes |
|---|---|---|
| 08/21/2002 | Notice of appeal lodged/received (criminal). | 1st Degree Burglary, Nonparticipant Present; 6 day JT;Sent. 25yrs to life; DOB: 07/02/60; CCAP |
| 08/21/2002 | Appointment request for counsel filed. | By Applt |
| 08/26/2002 | Received: | Notice of Appeal (Service Copy) by Willie Erwin |
| 09/03/2002 | Court reporter extension granted. | Reporter: Guzman, Veronica (008456).Deadline extended to: 10/04/02. |
| 09/04/2002 | Appellant notified re: right to counsel. | Willie George Erwin, Jr. |
| 10/04/2002 | Court reporter extension requested. | by ctrr Guzman for raf to 10/9/02 (2nd req. 5 days, to PJ forapproval) |
| 10/04/2002 | Telephone conversation with: | Atty Dennis Fischer re: states he has been retained to representappellant in this matter. He will file a substitution of atty assoon as possible; He will also be contacting CCAP & Fresno Co. inregards to the record. (Atty's Ph # 310-451-4815) |
| 10/04/2002 | Court reporter extension granted. | Reporter: Guzman, Veronica (008456). Deadline extended to: 10/09/02.for raf (2nd req. 5 days, approved by PJ); NF imposed |
| 10/17/2002 | Record on appeal filed. | c2/475 pgs.; r6/431 pgs.; ltr sent to all parties re aob due 40 days |
| 10/17/2002 | Probation report filed. | 1 conf envelope |
| 10/17/2002 | Filed document entitled: | conf random info sheet |
| 10/24/2002 | Telephone conversation with: | Atty Fischer's secretary Donna had to mail a 2nd substitution ofattorney to appellant. Appellant did not recv the 1st one. |
| 10/28/2002 | Telephone conversation with: | atty Fischer obo applt; mailing substitution of attorney |
| 10/30/2002 | Substitution of attorneys filed for: | Atty Fischer subs in for applt Erwin in pro per |
| 11/13/2002 | Note: | ltr sent to Atty Fischer obo applt re: AOB due w/in 30 days |
| 12/13/2002 | Motion/application to augment record filed. | by Atty Fischer request Farretta Motion and opening statementsand request for eot to file aob. (to W + M ) |
| 12/16/2002 | Augmentation granted. (See order.) | RT of Farretta motion held 2/13/02 and RT of opening Statements4/30/02. AOb due 30 days after augmented record filed. |
| 12/19/2002 | Notice to reporter to prepare transcript. | sent to ctrrs Perkins and Guzman re augmentation. |
| 01/09/2003 | Augmented record filed. | per order of 12/16/02. R2/58 pgs; Letter to counsel augm recordis filed and AOB due 30 days. |
| 01/17/2003 | Motion/application to augment record filed. | by Atty Fischer obo applt Erwin; req RT's of 2/8/02 W&M |
| 01/22/2003 | Augmentation granted. (See order.) | As requested for RT of hrg held on 2/8/02; AOB due 30 days from thedate ARF filed. (W3) |
| 01/27/2003 | Notice to reporter to prepare transcript. | sent to ctrr Perkins req augmentation. |
| 02/24/2003 | Augmented record filed. | RT of hrg held 2/8/02; R1/79pgs, Letter to all counsel augmentedrecord is filed and AOB due 30 days |
| 03/24/2003 | Granted - extension of time. | Attorney: Fischer, Dennis A. Party: Erwin, Willie(1st req for AOB to 4/25/03 30 days) |
| 04/24/2003 | Requested - extension of time | Attorney: Fischer, Dennis A. Party: Erwin, WillieFor aob to 5/26/03 (2nd req. 31 days to act P.J. for approval) |
| 04/24/2003 | Granted - extension of time. | Attorney: Fischer, Dennis A. Party: Erwin, WillieFor aob to 5/26/03 (2nd req. 31 days approved by act P.J.) NF imposed |
| 05/30/2003 | Appellant notified pursuant to rule 37(b). | Attorney: Fischer, Dennis A.Attorney: Fischer, Dennis A. Party: Erwin, Willie |
| 06/26/2003 | Requested - extension of time | Appellant's opening brief. Requested for 07/10/2003 By 10 Day(s) Attorney: Fischer, Dennis A. Party: Erwin, Willie(3rd req for eot to file AOB to PJ for review) |
| 06/27/2003 | Granted - extension of time. | Appellant's opening brief. Due on 07/10/2003 By 10 Day(s) Attorney: Fischer, Dennis A. Party: Erwin, Willie(3rd req for eot to file AOB) OK'd by APJ, but not further time |
| 07/11/2003 | Appellant's opening brief. | Defendant and Appellant: Willie George Erwin Attorney: Dennis A. Fischer Attorney: Fischer, Dennis A.Attorney: Fischer, Dennis A. Party: Erwin, WillieFiled pursuant to CRC 40k via overnight mail. |
| 08/12/2003 | Respondent notified pursuant to rule 37(b). | Office of the Atty General obo respondent |
| 08/15/2003 | Respondent's brief. | by deputy AG Colombo obo resp/The People |
| 08/29/2003 | Granted - extension of time. | Appellant's reply brief filed. Due on 10/06/2003 By 32 Day(s) Attorney: Fischer, Dennis A. Party: Erwin, Willie(1st req for eot to file ARB 10/6/03) |
| 10/03/2003 | Appellant's reply brief filed. | Defendant and Appellant: Willie George Erwin Attorney: Dennis A. Fischer Attorney: Fischer, Dennis A. Party: Erwin, Willie |
| 10/03/2003 | Case fully briefed. | |
| 03/05/2004 | Calendar notice sent. Calendar date: | 5/17/04 @ 10:00 a.m. - #45 |
| 03/11/2004 | Respondent's Questionnaire received. | Deputy AG Harry Joseph Colombo on behalf of Respondent The People-WAIVER. |
| 03/12/2004 | Appellant's Questionnaire received. | Atty Fischer obo applt Erwin; personal appearance - 15 mins. |
| 03/29/2004 | Argument letter sent. | JAQ |
| 04/01/2004 | Received fax informational copy of: | **ROA** by Atty Fischer obo applt Erwin JAQ |
| 04/02/2004 | Request for oral argument filed by: | Atty Fisher obo applt (To JAQ) |
| 04/05/2004 | Letter sent to counsel re: | Oral argument having been requested, the matter shall remain onthis court's May 2004 calendar as previously scheduled. (JAQ) |
| 05/05/2004 | Received fax informational copy of: | Additional cites for oral argument. Attorney: Dennis A. Fischer;Party: Appellant Willie Erwin. (To JAQ) |
| 05/07/2004 | Filed additional cites for oral argument. | Attorney: Dennis A. Fischer; Party: Applt Willie Geroge Erwin, Jr.(To JAQ) |
| 05/17/2004 | Cause argued and submitted. | 10:00 a. m. |
| 06/08/2004 | Opinion filed. | The judgment is affirmed. Signed; non pub; Vartabedian, Dibiaso,Dawson; (15 pgs) |
| 06/21/2004 | Rehearing petition filed. | Attorney: Dennis A. Fischer; Party: Appellant Willie Geroge Erwin,Jr. (To JAQ) |
| 07/01/2004 | Order denying rehearing petition filed. | Petition for rehearing filed on 6/21/04 by Attorney Dennis A.Fischer on behalf of applt Willie Erwin. Vartabedian, Dawson;supplemental concurring opinion upon denial of rehearing by Dibiaso. |
| 07/21/2004 | Petition for review in Supreme Court received. | Attorney: Dennis A. Fischer; Attorney: Applt Wilie Erwin. (To JAQ) |
| 07/22/2004 | Petition for review filed in Supreme Court. | on 7/19/04 per e-mail from Supreme Court (S126482). Record requested& RMI reschd. |
| 07/22/2004 | Record transmitted to Supreme Court. | 2 doghouses |
| 08/05/2004 | Received copy of Supreme Court filing. | ltr by Atty Fischer obo applt/petnr Erwin to the Supreme Ct JAQ |
| 08/30/2004 | Petition for review denied in Supreme Court. | on 8-25-04. Each member of the court notified by e-mail. |
| 08/30/2004 | Remittitur issued. | |
| 08/30/2004 | Case complete. | |
| 08/31/2004 | Record returned from Supreme Court. | 2 doghouses |
| 03/09/2007 | Shipped to state retention center, box # / list #: | box 559883 |
| 12/16/2015 | Received document entitled: | Petition for Resentencing by applt Erwin |
| 01/12/2016 | Letter sent to: | applt Erwin; This court is in receipt of your "Petition for Resentencing." This court affirmed your conviction on June 8, 2004, and remittitur issued on August 30, 2004. This court no longer has jurisdiction in regard to your appeal. Before seeking any postjudgment relief in this court, you must first exhaust your remedy of seeking relief in the trial. |
| 08/15/2018 | Record retrieved from archives. | box 559883 |
| 08/15/2018 | Voice Mail Message for: | atty Gunderson informing record is here |
| 08/15/2018 | Record returned to archives. | box 559883 |
Briefs
The People v. Erwin
Case Number F041290
| Brief | Due Date | Date Filed | Party and Attorney | Notes |
|---|---|---|---|---|
| Appellant's opening brief. | 07/11/2003 | Defendant and Appellant: Willie George Erwin Attorney: Dennis A. Fischer | Attorney: Fischer, Dennis A. Attorney: Fischer, Dennis A. Party: Erwin, Willie Filed pursuant to CRC 40k via overnight mail. | |
| Respondent's brief. | 08/15/2003 | by deputy AG Colombo obo resp/The People | ||
| Appellant's reply brief filed. | 10/03/2003 | Defendant and Appellant: Willie George Erwin Attorney: Dennis A. Fischer | Attorney: Fischer, Dennis A. Party: Erwin, Willie |
Disposition
The People v. Erwin
Case Number F041290
Description:
Affirmed in full
Date:
06/08/2004
Disposition Type:
Final
Judgment affirmed; (15 pgs)
Judgment affirmed; (15 pgs)
Publication Status:
Signed Unpublished
Author:
Vartabedian, Steven M.
Participants:
Dawson, Betty L. (Concur)
Dibiaso, Nick J. (Concur)
Dibiaso, Nick J. (Concur)
Case Citation:
none
Trial Court
The People v. Erwin
Case Number F041290
Trial Court Name:
Fresno County Superior Court - Main
County:
Fresno
Trial Court Case Number:
663108-9
Trial Court Judge:
Nunez, Ralph
Trial Court Judgment Date:
08/08/2002