Parties and Attorneys
The People v. Stephen Richard Crump
Division 3
Division 3
Case Number A111031
| Party | Attorney |
|---|---|
| The People : Plaintiff and Respondent | Office of the Attorney General 455 Golden Gate Avenue - Suite 1100 San Francisco, CA 94102 Contact Name: Sharon G. Birenbaum |
| Stephen Richard Crump : Defendant and Appellant Atascadero State Hospital, AT055922-9 10333 El Camino Real, P.O. Box 7001 Atascadero, CA 93422 | First District Appellate Project 730 Harrison Street - Suite 201 San Francisco, CA 94107 Catherine Elizabeth White 19 Embarcadero Cove Oakland, CA 94606 |
Case Summary
Trial Court Case:
C148253
Court of Appeal Case:
A111031
Supreme Court Case:
S150726
Division:
3
Case Caption:
The People v. Stephen Richard Crump
Case Type:
CR
Filing Date:
08/05/2005
Completion Date:
05/11/2007
Oral Argument Date/Time:
Docket (Register of Actions)
The People v. Stephen Richard Crump
Division 3
Division 3
Case Number A111031
| Date | Description | Notes |
|---|---|---|
| 08/12/2005 | Notice of appeal lodged/received (criminal). | |
| 09/06/2005 | Counsel appointment order filed. | Catherine White (ind) |
| 09/28/2005 | Mail returned, unable to forward. | copy of counsel appointment order to appellant Crump/not in custody |
| 09/29/2005 | Notice of record completion received. | |
| 09/29/2005 | Record on appeal filed. | c-1-r-3 |
| 09/29/2005 | Probation report filed. | (1), psychiatric evaluations (2) |
| 11/08/2005 | 32.1 letter received from: | atty Catherine White for appellant requesting the initial complaintand a reporter's transcript of proceedings held on 6-13-05. |
| 11/08/2005 | Motion/application to augment record filed. | Reporter's transcript of voir dire proceedings held on June 20, 2005,June 21, 2005, and June 22, 2005 by appellant. (eot for aob) |
| 11/09/2005 | Default sent to court appointed counsel. | sent in error - extension to file an aob submitted with motion toaugment filed on 11/08/05. |
| 11/10/2005 | Letter sent rescinding 17(a) notice. | note: an extension to file the aob was submitted with the motion toaugment filed 11/08/05. |
| 11/14/2005 | Augmentation granted. (See order.) | (aob to 30 days) |
| 11/16/2005 | Notice to reporter to prepare transcript. | sent to CSR Lisa Imus dated 11/14/05. Augmented txs due 11/24/05. |
| 11/21/2005 | Notice to reporter to prepare transcript. | sent to CSR's Davis, & Imus dated 11/16/05. Augmented txs due12/16/05. |
| 11/29/2005 | Received: | motion for stay of execution/from appellant Crump |
| 12/01/2005 | Order filed. | Appellant's motion for stay of execution of judgment prepared andsubmitted by appellant in propria persona, is denied. As a generalrule, except where court-appointed counsel has filed a briefpursuant to People v. Wende...a defendant already represented by anattorney of record will no be personally recongnized by the court inthe conduct of his or her case, and any supplemental briefs or otherdocuments submitted by such a defendant may be stricken. |
| 12/06/2005 | Supplemental record/transcript filed. | minute orders from 6-16-05 (& crossed-out version of 6-16-05 minuteorder); and 6-15-05 (& crossed-out version of 6-15-05 minute order) |
| 12/07/2005 | Filed letter from: | aplt Crump re wants to forfeit appeal and file petition for writof habeas corpus |
| 12/15/2005 | Filed letter from: | appellant Crump re new address |
| 12/20/2005 | Notice of record completion received. | (augment) |
| 12/22/2005 | Filed augmented record pursuant to rule 32.1. | (1 document) initial complaint & RT of hearing on June 13, 2005.6-13-05 RT is included in the volume with 6-20 and 6-21-05. |
| 12/22/2005 | Augmented record filed. | Reporter's transcripts of proceedings on June 20, 2005, June 21, 2005,and June 22, 2005. (note: 6-13, 6-20, & 6-21 RT's are in one vol. and6-22-05 (voir dire) is a separate vol.) |
| 12/22/2005 | Letter sent to counsel re: | augment filed aob to 30 days |
| 01/10/2006 | Filed letter from: | appellant Crump requesting Court not dismiss his appeal |
| 01/10/2006 | Motion filed. | appellant Crump to reinstate appeal |
| 01/12/2006 | Filed letter from: | Matthew Zwerling of FDAP re appellant's pro per abandonmentrequest |
| 01/19/2006 | Order filed. | By letter dated 12-5-05, appellant Stephen Richard Crump requestedleave to abandon the above-referenced appeal. Appellant has sincewithdrawn his abandonment request. (See letter from Stephen R. Crumpdated 1-5-06; motion to reinstate appeal dated 1-5-06). Accordingly,the appeal remains pending and appellant's court-appointed counsel,Catherine White, shall serve and file appellant's opening brief onor before 1-23-06. |
| 01/20/2006 | Filed letter from: | appellant Crump dated 1-18-06 re he wants to pursue appeal and notabandon it (another copy of 1-19-06 order sent to appellant) |
| 01/23/2006 | Requested - extension of time. | Appellant's opening brief. Requested for By 30 Day(s) Attorney: White, Catherine Party: Crump, Stephen |
| 01/23/2006 | Granted - extension of time. | Appellant's opening brief. Due on 02/22/2006 By 30 Day(s) Attorney: White, Catherine Party: Crump, Stephen |
| 01/23/2006 | Letter sent to: | appellant Crump in response to his 1-18-06 letter; copy of 1-19-06order stating appeal still pending enclosed |
| 02/16/2006 | 32.1 letter received from: | attorney Catherine White/missing RT from 3-22-05, Marsden tx from4-5-0 |
| 02/22/2006 | Requested - extension of time. | Appellant's opening brief. Requested for By 30 Day(s) Attorney: White, Catherine Party: Crump, Stephen |
| 02/23/2006 | Granted - extension of time. | Appellant's opening brief. Due on 03/24/2006 By 30 Day(s) Attorney: White, Catherine Party: Crump, Stephen |
| 02/28/2006 | Received: | copies of superior court notices to reporters re 32.1b material |
| 03/06/2006 | Marsden transcript filed. | (transcript date of 4-5-05) (per 32.1 request) |
| 03/06/2006 | Filed augmented record pursuant to rule 32.1. | r-1 (transcript date of 3-22-05) |
| 03/23/2006 | Requested - extension of time. | Appellant's opening brief. Requested for By 30 Day(s) Attorney: White, Catherine Party: Crump, Stephen |
| 03/27/2006 | Granted - extension of time. | Appellant's opening brief. Due on 04/24/2006 By 30 Day(s) Attorney: White, Catherine (no further eot's contemplated) Party: Crump, Stephen |
| 04/25/2006 | Default sent to court appointed counsel. | |
| 05/12/2006 | Appellant's opening brief. | Defendant and Appellant: Stephen Richard Crump Attorney: Catherine Elizabeth White |
| 06/09/2006 | Requested - extension of time. | Respondent's brief. Requested for 07/12/2006 By 30 Day(s) |
| 06/09/2006 | Granted - extension of time. | Respondent's brief. Due on 07/12/2006 By 30 Day(s) |
| 07/12/2006 | Requested - extension of time. | Respondent's brief. Requested for 08/11/2006 By 30 Day(s) |
| 07/12/2006 | Filed: | Request to be Remanded in Custody Pending the Hearing and Determination of Appeal by appellant, Stephen Crump. |
| 07/13/2006 | Granted - extension of time. | Respondent's brief. Due on 08/11/2006 By 30 Day(s) |
| 07/18/2006 | Order filed. | Upon due consideration, appellant's motion by which he seeks to remain in custody beyond his parole date pending the determination of the above-entitled appeal, prepared and submitted by appellant in propria persona, is denied. As a general rule, except where court-appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, a defendant already represented by an attorney of record will not be personally recognized by the court in the conduct of his or her case, and any supplemental briefs or other documents submitted by such a defendant may be stricken. (People v. Clark (1992) 3 Cal.4th 41, 173; People v. Mattson (1959) 51 Cal.2d 777, 798.)sent to all parties and the appellant |
| 07/18/2006 | Filed letter from: | Stephen Crump with attachments for his motion to remain in custody.to court |
| 07/27/2006 | Application filed to: | Remain In Custody for Judgment Pending the Hearing and Determination of Appeal by appellant, Stephen Crump.(withdrawn - see order filed 8-4-06) |
| 07/27/2006 | Filed letter from: | Stephen Crump stating he received the court's July 18, 2006 order; however, he did submit an updated version of the same type of motion. |
| 08/04/2006 | Order filed. | Upon due consideration of appellant's July 27, 2006 motion seeking an order to remain in custody, and appellant's subsequent letter asking the court to disregrad the motion in light of the court's July 18, 2006 order, the court considers appellant's July 27, 2006 motion to be withdrawn. |
| 08/16/2006 | Respondent notified pursuant to rule 17(a)(2). | |
| 09/01/2006 | Respondent's brief. | Plaintiff and Respondent: The People Attorney: Office of the Attorney General |
| 09/21/2006 | Requested - extension of time. | Appellant's reply brief. Requested for 10/23/2006 By 30 Day(s) |
| 09/21/2006 | Granted - extension of time. | Appellant's reply brief. Due on 10/23/2006 By 30 Day(s) |
| 10/24/2006 | Appellant's reply brief. | Defendant and Appellant: Stephen Richard Crump Attorney: Catherine Elizabeth White 40.1 |
| 10/24/2006 | Case fully briefed. | |
| 10/24/2006 | Motion/application to augment record filed. | appellant/documents attached |
| 10/27/2006 | Augmentation granted. (See order.) | appellant's motion to augment filed 10/24/06 granted/documents attached to motion |
| 12/05/2006 | Case on conference list. | 06-12 |
| 12/05/2006 | Oral argument waiver notice sent. | |
| 12/11/2006 | Record to court for review. | |
| 12/11/2006 | Filed letter from: | appellant Crump re new address at Atascadero State Hospital effective 1/14/07 |
| 12/18/2006 | Argument waived by: (no response - 10 day notice) | |
| 01/16/2007 | Received: | additional letter from Stephen Crump re: address change to (Atascadero State Hospital) - see letter filed 12-11-06. |
| 01/23/2007 | Letter sent to counsel re: | inviting parties to submit letter briefs of no more than 5 pages addressing the sentencing issue raised in this appeal in light of Cunningham v. CA (Jan. 22, 2007, No. 05-6551) 549 U.S.__/briefs are to be filed on or before 2/7/07. |
| 01/29/2007 | Filed letter from: | appellant Crump re he has not yet moved to Atascadero; please send all legal docs to East State Prison |
| 01/31/2007 | Letter brief filed. | Defendant and Appellant: Stephen Richard Crump Attorney: Catherine Elizabeth White |
| 02/02/2007 | Letter brief filed. | Plaintiff and Respondent: The People Attorney: Office of the Attorney General DAG Sharon G. Birenbaum |
| 02/22/2007 | Filed letter from: | appellant Crump; he has moved to Atascadero State Hospital and requests all legal docs be sent there |
| 02/27/2007 | Opinion filed. | (Signed Unpublished) The judgment is reversed and remanded to the trial court for resentencing in accord with the requirements of Cunningham V. California |
| 03/06/2007 | Service copy of petition for review received. | Attorney for Appellant |
| 05/11/2007 | Petition for review denied in Supreme Court. | |
| 05/11/2007 | Remittitur issued. | |
| 05/11/2007 | Case complete. | |
| 03/19/2008 | Shipped to state retention center, box # / list #: | L269 |
Briefs
The People v. Stephen Richard Crump
Division 3
Division 3
Case Number A111031
| Brief | Due Date | Date Filed | Party and Attorney | Notes |
|---|---|---|---|---|
| Appellant's opening brief. | 05/12/2006 | Defendant and Appellant: Stephen Richard Crump Attorney: Catherine Elizabeth White | | |
| Respondent's brief. | 09/01/2006 | Plaintiff and Respondent: The People Attorney: Office of the Attorney General | | |
| Appellant's reply brief. | 10/24/2006 | Defendant and Appellant: Stephen Richard Crump Attorney: Catherine Elizabeth White | 40.1 | |
| Letter brief filed. | 01/31/2007 | Defendant and Appellant: Stephen Richard Crump Attorney: Catherine Elizabeth White | | |
| Letter brief filed. | 02/02/2007 | Plaintiff and Respondent: The People Attorney: Office of the Attorney General | DAG Sharon G. Birenbaum |
Future Scheduled Actions
The People v. Stephen Richard Crump
Division 3
Division 3
Case Number A111031
No information found.
Disposition
The People v. Stephen Richard Crump
Division 3
Division 3
Case Number A111031
Description:
Reversed & remanded to trial court w/directions
Date:
02/27/2007
Disposition Type:
Final
The judgment is reversed and remanded to the trial court for resentencing in accord with the requirements of Cunningham V. California
The judgment is reversed and remanded to the trial court for resentencing in accord with the requirements of Cunningham V. California
Publication Status:
Signed Unpublished
Author:
Siggins, Peter J.
Participants:
McGuiness, William R. (Concur)
Parrilli, Joanne C. (Concur)
Parrilli, Joanne C. (Concur)
Case Citation:
none
Trial Court
The People v. Stephen Richard Crump
Division 3
Division 3
Case Number A111031
Trial Court Name:
Alameda County Superior Court - Main
County:
Alameda
Trial Court Case Number:
C148253
Trial Court Judge:
Rolefson, Jon
Trial Court Judgment Date:
08/05/2005