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United States Court Cases

California Fifth Appellate District Record

The People v. R.G.

Parties and Attorneys

The People v. R.G.
Case Number F054617
Party Attorney
The People : Plaintiff and Respondent
Stephen G. Herndon
Office of the Attorney General
P.O. Box 944255
Sacramento, CA 94244

Robert Zuniga Gracia : Defendant and Appellant
Tulare County Youth Facility
11200 Avenue 368
Visalia, CA 93291
Alison E. Kaylor
161 W. Hanford-Armona Road
PMB 314
Lemoore, CA 93245



Case Summary

Trial Court Case:
JJD062565
Court of Appeal Case:
F054617
Division:
Case Caption:
The People v. R.G.
Case Type:
Filing Date:
01/10/2008
Completion Date:
12/23/2008
Oral Argument Date/Time:
11/13/2008 10:00 AM


Docket (Register of Actions)

The People v. R.G.
Case Number F054617
Date Description Notes
01/31/2008 Notice of appeal lodged/received. J602; robbery; 365 days youth facility; probation; copy to ccap
01/31/2008 Notice to reporter to prepare transcript. sent to ctrrs Werth & Whitendale on 1/10/08
01/31/2008 Filed letter from: superior court re: minor's trial counsel will not be representing the minor on appeal
01/31/2008 Court reporter extension granted. CSR: Werth, Kimberley A (11513) Extended Due Date: 03/03/20081st request
02/19/2008 Appellant notified re: right to counsel. appellant minor
02/26/2008 Appellant notified re: right to counsel. Appellant minor
02/29/2008 Court reporter extension requested. 2nd req; by ctrr Werth; to PJ for ok
02/29/2008 Court reporter extension granted. CSR: Werth, Kimberley A (11513) Extended Due Date: 04/01/20082nd req; Ok'd by PJ; N/F absent proof imposed
03/07/2008 Appellant notified re: right to counsel. Appellant minor
03/27/2008 Record on appeal filed. C1:133 pgs; R8:369 pgs; 1 master index; ltr to all parties re aob due in 40 days
03/28/2008 Filed order appointing counsel (C.C.A.P. review). Defendant and Appellant: Robert Zuniga Gracia
Attorney: Alison E. Kaylor
04/18/2008 Granted - extension of time.
Appellant's opening brief. Due on 05/27/2008 By 29 Day(s)
05/20/2008 Requested - extension of time
Appellant's opening brief. Requested for 06/27/2008 By 31 Day(s)
(2nd Request - to PJ)
05/20/2008 Granted - extension of time.
Appellant's opening brief. Due on 06/27/2008 By 31 Day(s)
06/26/2008 Telephone conversation with: Atty Kaylor; AOB mailed on 6/26/08 by priority mail
06/30/2008 Appellant's opening brief. Defendant and Appellant: Robert Zuniga Gracia
Attorney: Alison E. Kaylor
07/25/2008 Granted - extension of time.
Respondent's brief. Due on 08/29/2008 By 30 Day(s)
08/07/2008 Respondent's brief. Plaintiff and Respondent: The People
Attorney: Stephen G. Herndon
08/18/2008 Appellant's reply brief filed. Defendant and Appellant: Robert Zuniga Gracia
Attorney: Alison E. Kaylor
08/18/2008 Case fully briefed.
09/10/2008 Calendar notice sent. Calendar date: 11/13/08 @ 10:00, #11
09/11/2008 Received fax informational copy of: Oral argument notice and clk's questionnaire from Deputy AG Herndon, Conditional Waiver, teleconference, 916-327-0350, 15 minutes
09/16/2008 Change of address filed for: Alison E. Kaylor
old address 1: P O Box 1477
new address 1: 161 W. Hnf-Arm Road
old address 2: {blank}
new address 2: PMB 314
old city: San Andreas
new city: Lemoore
old zip: 95249
new zip: 93245
old phone: 559 410-5752
new phone: 559-410-5752
09/18/2008 Change of address filed for: Attorney Alison Kaylor; Address previously changed.
09/19/2008 Received fax informational copy of: Oral argument notice and clk's questionnaire from atty Kaylor obo applt; Waives oral argument
09/23/2008 Received fax informational copy of: Oral argument notice and clk's questionnaire from Deputy AG Herndon, Conditional Waiver, Teleconference, 916-327-0350, 15 minutes
10/16/2008 Argument waived, cause submitted. Calendar date 11/13/08 is vacated; (JAC)
10/23/2008 Opinion filed. (Signed Unpublished) The dispositional order is modified, as follows: (1) the minor is awarded 66 predisposition custody credits; and (2) probation condition number 7 is amended to provide, "Not to use, possess, or be under the influence of alcoholic beverages or illegal drugs or intoxicating substances, unless legally prescribed for the minor by a licensed medical professional; not to possess any associated paraphernalia." The matter is remanded to the juvenile court for exercise of its discretion to determine whether the violation of Penal Code section 422 is a misdemeanor or a felony and to make the express declaration required by Welfare and Institutions Code section 702. If the juvenile court determines that this crime is a misdemeanor, it shall make any further orders that are necessary and proper under the circumstances. In all other respects, the judgment is affirmed. (LEVY, VARTABEDIAN, CORNELL) (15 pgs)
12/23/2008 Remittitur issued.
12/23/2008 Case complete.
11/06/2013 Record in off-site storage. 745411


Briefs

The People v. R.G.
Case Number F054617
Brief Due Date Date Filed Party and Attorney Notes
Filed order appointing counsel (C.C.A.P. review). 03/28/2008 Defendant and Appellant: Robert Zuniga Gracia
Attorney: Alison E. Kaylor

Appellant's opening brief. 06/30/2008 Defendant and Appellant: Robert Zuniga Gracia
Attorney: Alison E. Kaylor

Respondent's brief. 08/07/2008 Plaintiff and Respondent: The People
Attorney: Stephen G. Herndon

Appellant's reply brief filed. 08/18/2008 Defendant and Appellant: Robert Zuniga Gracia
Attorney: Alison E. Kaylor



Disposition

The People v. R.G.
Case Number F054617
Description:
Affirmed with modifications
Date:
10/23/2008
Disposition Type:
Final
The dispositional order is modified, as follows: (1) the minor is awarded 66 predisposition custody credits; and (2) probation condition number 7 is amended to provide, "Not to use, possess, or be under the influence of alcoholic beverages or illegal drugs or intoxicating substances, unless legally prescribed for the minor by a licensed medical professional; not to possess any associated paraphernalia." The matter is remanded to the juvenile court for exercise of its discretion to determine whether the violation of Penal Code section 422 is a misdemeanor or a felony and to make the express declaration required by Welfare and Instutions Code section 702. If the juvenile court determines that this crime is a misdemeanor, it shall make any further orders that are necessary and proper under the circumstances. In all other respects, the judgment is affirmed. (LEVY, VARTABEDIAN, CORNELL) (15 pgs)
Publication Status:
Signed Unpublished
Author:
Levy, Herbert I.
Participants:
Vartabedian, Steven M. (Concur)
Cornell, Dennis A. (Concur)
Case Citation:
none


Trial Court

The People v. R.G.
Case Number F054617
Trial Court Name:
Tulare County Superior Court - Main (Visalia)
County:
Tulare
Trial Court Case Number:
JJD062565
Trial Court Judge:
Saucedo, Valeriano
Trial Court Judgment Date:
12/17/2007