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United States Court Cases

California First Appellate District Record

The People v. Stephen Richard Crump Division 3

Parties and Attorneys

The People v. Stephen Richard Crump
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
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
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
Case Number A111031

No information found.



Disposition

The People v. Stephen Richard Crump
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
Publication Status:
Signed Unpublished
Author:
Siggins, Peter J.
Participants:
McGuiness, William R. (Concur)
Parrilli, Joanne C. (Concur)
Case Citation:
none


Trial Court

The People v. Stephen Richard Crump
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