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United States Court Cases

California Third Appellate District Record

The People v. Atencio

Parties and Attorneys

The People v. Atencio
Case Number C059437
Party Attorney
The People : Plaintiff and Respondent
Office of the State Attorney General
P.O. Box 944255
Sacramento, CA 94244-2550

Contact Name: Jamie A. Scheidegger

Aaron William Atencio : Defendant and Appellant
Kern Valley State Prison, Facility B
P.O. Box 5102
Delano, CA 93216
Scott Concklin
Attorney at Law
PMB 116, 2205 Hilltop Drive
Redding, CA 96002



Case Summary

Trial Court Case:
05F8778
Court of Appeal Case:
C059437
Supreme Court Case:
S183696
Division:
Case Caption:
The People v. Atencio
Case Type:
CR
Filing Date:
07/08/2008
Completion Date:
09/09/2010
Oral Argument Date/Time:
04/29/2010 09:30 AM


Docket (Register of Actions)

The People v. Atencio
Case Number C059437
Date Description Notes
07/23/2008 Notice of appeal lodged/received (criminal). Filed in the trial court on 07/08/08. Murder, etc.
07/25/2008 Filed application and order of: CSR: Thomas, Pringle (4225) Extended Due Date: 08/18/2008CSR Thomas Pringle to 08/18/08.
Completed 1,594 pages out of 1,700 pages.
08/19/2008 Record on appeal filed. 5 Vols. CT (1267 pgs.); 6 Vols. RT (1560 pgs.); 1 Confidential Probation Report (pgs. 1236-1248); 2 Sealed Marsden Hearings (pgs. 2-11 and 35-49.)
AOB DUE: 09/29/08
08/19/2008 Sealed document filed. See previous entry.
08/21/2008 Modified criminal address. CDC# per CCAP notice.
09/04/2008 Appointment/recommendation req. for counsel filed.
09/05/2008 Counsel appointment order filed. Scott Conklin for appellant. With permission. AOB due: 10/06/08.
10/07/2008 Motion/application to augment record filed. By appellant.
10/17/2008 Augmentation granted. (See order.) Materials due: 11/06/08. Scotland, P.J.
11/04/2008 Augmented record filed. 1 vol. CT (5 pp.),
People's exhibits 77, 78, 79, 79a, and 80 (DVD's).

AOB due: 12/04/08.
11/04/2008 Exhibits received from county clerk. See previous 11/04/08 entry.
12/04/2008 Filed application and order of: Appellant to 01/05/09.
01/07/2009 Filed application and order of: Appellant to: 02/04/09
02/09/2009 Requested - extension of time. Appellant to 03/04/09.
02/10/2009 Granted - extension of time. Appellant to 03/04/09.
03/06/2009 Requested - extension of time. Appellant to 04/06/09.
03/09/2009 Granted - extension of time. Appellant to 04/06/09.
04/09/2009 Requested - extension of time. Appellant to 05/04/09.
04/14/2009 Granted - extension of time. Appellant to 05/04/09.
NO FURTHER TIME WILL BE GRANTED.
05/07/2009 Application filed: By appellant to file oversize brief of 27,941 words. Brief included.Granted to 27,941 words. Cantil-Sakauye, Acting P.J.
05/12/2009 Appellant's opening brief. Defendant and Appellant: Aaron William Atencio
Attorney: Scott Concklin
06/15/2009 Filed application and order of:
Respondent's brief. Due on 07/13/2009 By 27 Day(s)
Respondent to 07/13/09.
06/15/2009 Modified criminal address. Appellant's address updated from HDS to LAC per CCAP form.
07/13/2009 Filed application and order of:
Respondent's brief. Due on 08/12/2009 By 27 Day(s)
Respondent to 08/12/09.
08/11/2009 Requested - extension of time.
Respondent's brief. Requested for 09/11/2009 By 25 Day(s)
Respondent to 09/11/09.
08/17/2009 Granted - extension of time.
Respondent's brief. Due on 09/11/2009 By 25 Day(s)
Respondent to 09/11/09.
08/25/2009 Modified criminal address. Appellant's address updated from LAC to KVP per CCAP form.
09/11/2009 Requested - extension of time.
Respondent's brief. Requested for 10/13/2009 By 26 Day(s)
Respondent to 10/13/09.
09/17/2009 Granted - extension of time.
Respondent's brief. Due on 10/16/2009 By 29 Day(s)
Respondent to 10/13/09. No further time granted.
10/15/2009 Respondent's brief. Plaintiff and Respondent: The People
Attorney: Office of the State Attorney General
11/06/2009 Filed application and order of:
Appellant's reply brief. Due on 12/10/2009 By 31 Day(s)
appellant to 12/07/09.
12/08/2009 Filed application and order of:
Appellant's reply brief. Due on 01/08/2010 By 29 Day(s)
appellant to 01/05/10.
01/07/2010 Appellant's reply brief. Defendant and Appellant: Aaron William Atencio
Attorney: Scott Concklin 8.25(b).
01/07/2010 Case fully briefed.
03/30/2010 Argument order sent. Thursday, April 29, 2010, at 9:30 a.m.
Scotland, P.J.
(Court's own motion)
03/30/2010 Letter sent to counsel re: oral argument to be held in Redding, CA.
04/23/2010 Request filed: By Record Searchlight for media coverage. Granted. Scotland, P.J.
04/27/2010 Request filed: By KQMS for media coverage. Granted. Scotland, P.J.
04/29/2010 Request filed: by KRCR Channel 7 for media coverage. Granted. Scotland, P.J
04/29/2010 Cause argued and submitted. Scott Concklin argued for appellant.
Jamie Scheidegger DAG, argued for respondent.
05/07/2010 Opinion filed. (Signed Unpublished)The judgment is modified by striking the $10,000.00 parole revocation fine..as modified the judgment is affirmed. (see opinion for details.)
06/17/2010 Service copy of petition for review received. Appellant.
06/18/2010 Petition for review filed in Supreme Court. By appellant in S.F. (S183696)
06/21/2010 Record transmitted to Supreme Court. 1 vol.
08/10/2010 Ext. by Supreme Court re: petition for review filed: to and including 09/16/10 or date upon which review is either granted or denied. Corrigan, ACJ.
09/01/2010 Petition for review denied in Supreme Court. Appellant's. George, C.J.
09/09/2010 Remittitur issued.
09/09/2010 Case complete.
09/15/2010 Record returned from Supreme Court. 1 vol.
02/16/2011 Exhibits returned to county clerk. People's Exhibits 77, 78, 79, 79A, 80.


Briefs

The People v. Atencio
Case Number C059437
Brief Due Date Date Filed Party and Attorney Notes
Appellant's opening brief. 05/12/2009 Defendant and Appellant: Aaron William Atencio
Attorney: Scott Concklin

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

Appellant's reply brief. 01/07/2010 Defendant and Appellant: Aaron William Atencio
Attorney: Scott Concklin
8.25(b).


Disposition

The People v. Atencio
Case Number C059437
Description:
Affirmed with modifications
Date:
05/07/2010
Disposition Type:
Final
Publication Status:
Signed Unpublished
Author:
Scotland, Arthur G.
Participants:
Butz, M. Kathleen (Concur)
Hull, Jr., Harry E. (Concur)
Case Citation:
none


Trial Court

The People v. Atencio
Case Number C059437
Trial Court Name:
Shasta County Superior Court - Main
County:
Shasta
Trial Court Case Number:
05F8778
Trial Court Judge:
Baker, Stephen
Trial Court Judgment Date:
07/08/2008