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United States Court Cases

California Third Appellate District Record

The People v. Newman

Parties and Attorneys

The People v. Newman
Case Number C055706
Party Attorney
The People : Plaintiff and Respondent
 Office of the State Attorney General
P.O. Box 944255
Sacramento, CA 94244-2550

Contact Name: Paul E. O'Connor

Stephon W. Newman : Defendant and Appellant
California State Prison at Folsom
P.O. Box 715071
Represa, CA 95671 		Diane Berley
Attorney at Law
6520 Platt Avenue, PMB 834
West Hills, CA 91307-3218



Case Summary

Trial Court Case:
06F00150
Court of Appeal Case:
C055706
Supreme Court Case:
S168820
Division:
Case Caption:
The People v. Newman
Case Type:
CR
Filing Date:
05/07/2007
Completion Date:
01/16/2009
Oral Argument Date/Time:


Docket (Register of Actions)

The People v. Newman
Case Number C055706
Date Description Notes
05/14/2007 Notice of appeal lodged/received (criminal). Filed in trial court on 05/07/07.Rape with force, violence, fear, etc.
05/29/2007 Filed application and order of: CSR Mely Cheng to 06/18/07.Completed 1 out of 100 hours.
05/30/2007 Modified criminal address. Appellant from DVI to RIO pursuant toCCAP form.
06/07/2007 Modified criminal address. Appellant from RIO to DVI pursuantto CCAP form.
06/15/2007 Filed application and order of: CSR Mely Cheng to 07/09/07.
Completed 2 out of 100 hours.
07/09/2007 Requested - extension of time. CSR 6800 Mely Cheng to 07/30/07.
Completed 3 out of 100 hours.
07/09/2007 Granted - extension of time. CSR: Cheng, Mely (6800) Extended Due Date: 07/26/2007CSR 6800 Mely Cheng to 07/26/07.
NO FURTHER TIME WILL BE GRANTED.
Sent rule 8.336(e)(2) letter. Due: 08/06/07
08/06/2007 Filed declaration of: CSR Mely Cheng requesting to 08/16/07 to file record.
08/14/2007 Letter sent to: CSR M. Cheng acknowledging declaration. Court will take no further action before projected completion date of 08/16/07. RT to be filed by that date to avoid possible OSC.
08/22/2007 Record on appeal filed. 1 vol. CT (304 pp.), 3 vols. RT (1295 pp.),
1 confidential probation report,
1 sealed CT (p. 13) petition for order to test accused's blood,
1 sealed RT (Marsden) hearing dated 03/19/07 (pp. 372-374).
AOB due: 10/01/07.
08/22/2007 Sealed document filed. (See previous entry).
08/31/2007 Modified criminal address. Appellant from DVI to FSP pursuant to CCAP form.
09/14/2007 Appointment/recommendation req. for counsel filed.
09/17/2007 Counsel appointment order filed. Attorney Diane Berley for appellant.
AOB due: 10/17/07.
10/04/2007 Motion/application to augment record filed. Appellant's with request for extension of time.
10/15/2007 Augmentation granted. (See order.) Due: 11/05/07
11/21/2007 Letter sent to: CSR #11951 Kelly Souza regarding overdue augment record. No declaration or request for extension of time has been received as to this appeal. RT to be filed by 12/03/07. (See letter for details).
11/28/2007 Notice of record completion received. from Mely Cheng stating she is not the lead reporter and she did not have any proceedings in regards to jury instruction settlement on the record for the date of 03/20/07.
11/30/2007 Requested - extension of time. CSR: D'Arelli, Sharon (11394) Extended Due Date: 12/15/2007Completed 3 of 8 hours.
12/05/2007 Granted - extension of time. CSR: D'Arelli, Sharon (11394) Extended Due Date: 12/17/2007Completed 3 of 8 hours.
12/24/2007 Letter sent to: CSR #11394 Sharon D'Arelli regarding overdue RT. No declaration has been received as to this appeal. RT to be filed by 1/3/08. (See letter for details).
01/11/2008 Augmented record filed. 1 Vol. RT (155 pgs.).
AOB DUE: 02/11/08
02/14/2008 Filed application and order of: Appellant to 03/13/08.
03/07/2008 Appellant's opening brief. Defendant and Appellant: Stephon W. Newman
Attorney: Diane Berley
03/26/2008 Filed application and order of: Respondent to 05/06/08.
04/30/2008 Filed application and order of: Respondent to 06/05/08.
05/30/2008 Requested - extension of time. Respondent to 07/07/08.
06/03/2008 Granted - extension of time. Respondent to 07/07/08. NO FURTHER TIME WILL BE GRANTED.
07/02/2008 Requested - extension of time. Respondent to 08/06/08.
07/09/2008 Granted - extension of time. Respondent to 08/06/08. LAST EXTENSION.
07/15/2008 Respondent's brief. Plaintiff and Respondent: The People
Attorney: Office of the State Attorney General
08/05/2008 Case fully briefed.
09/22/2008 Oral argument waiver notice sent. Request due: 10/02/08
11/05/2008 Cause submitted after approval of argument waiver. SCOTLAND, P.J.
11/05/2008 Opinion filed. (Signed Unpublished)The trial court judgment is affirmed.
12/08/2008 Petition for review filed in Supreme Court. By Appellant
01/06/2009 Remittitur issued.
01/12/2009 Service copy of petition for review received. Appellant's
01/14/2009 Order filed. On the court's own motion, the remittitur issued 01/06/09 is recalled because a petition for review is pending.
01/14/2009 Petition for review denied in Supreme Court. GEORGE, CJ., was absent and did not participate. CORRIGAN, Acting CJ. (Received 01/15/09)
01/16/2009 Remittitur issued.
01/16/2009 Case complete.
02/25/2009 Original remittitur received and cancelled.
05/16/2011 Record shipped to records center - Sacramento. List 48, Box 39, Location 0039536


Briefs

The People v. Newman
Case Number C055706
Brief Due Date Date Filed Party and Attorney Notes
Appellant's opening brief. 03/07/2008 Defendant and Appellant: Stephon W. Newman
Attorney: Diane Berley
Respondent's brief. 07/15/2008 Plaintiff and Respondent: The People
Attorney: Office of the State Attorney General


Disposition

The People v. Newman
Case Number C055706
Description:
Affirmed in full
Date:
11/05/2008
Disposition Type:
Final
Publication Status:
Signed Unpublished
Author:
Cantil-Sakauye, Tani Gorre
Participants:
Robie, Ronald B. (Concur)
Morrison, Fred K. (Concur)
Case Citation:
none


Trial Court

The People v. Newman
Case Number C055706
Trial Court Name:
Sacramento County Superior Court
County:
Sacramento
Trial Court Case Number:
06F00150
Trial Court Judge:
Haas, Gregory
Trial Court Judgment Date:
05/04/2007