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United States Court Cases

California Third Appellate District Record

The People v. Havens

Parties and Attorneys

The People v. Havens
Case Number C087536
Party Attorney
The People : Plaintiff and Respondent
Office of the State Attorney General
P.O. Box 944255
Sacramento, CA 94244-2550

Cameron M. Goodman
Office of the Attorney General
P.O. Box 944255
Sacramento, CA 94244

Amanda Jean Havens : Defendant and Appellant
California Institution for Women
16756 Chino-Corona Road
Corona, CA 92280
S. Lynne Klein
Attorney at Law
P.O. Box 367
Davis, CA 95617

Central California Appellate Program : Information only
Central California Appellate Program
2150 River Plaza Drive, Suite 300
Sacramento, CA 95833



Case Summary

Trial Court Case:
15F2711
Court of Appeal Case:
C087536
Supreme Court Case:
S265127
Court of Appeal Opinion:
[ PDF ] [ DOCX ]
Caution: For information on when opinions may be cited or relied upon, click here .
Division:
Case Caption:
The People v. Havens
Case Type:
CR
Filing Date:
06/12/2018
Completion Date:
12/02/2020
Oral Argument Date/Time:


Docket (Register of Actions)

The People v. Havens
Case Number C087536
Date Description Notes
07/09/2018 Notice of appeal lodged/received (criminal). Filed in the superior court on 06/12/18 with request for certificate of probable cause (GRANTED 06/15/18). Elderly abuse, etc.
07/09/2018 Requested - extension of time. Deputy Clerk Janet Pearson requesting to 08/23/18. (Completed 0 out of 350 pages.)
07/16/2018 Granted - extension of time. Deputy Clerk Janet Pearson granted to 08/31/18. Last extension. 8.336 letter sent. Proof due 09/10/18.
08/14/2018 Modified criminal address. Amanda Jean Havens to Central California Women's Facility.Per CA Inmate Locator website.
08/15/2018 Record on appeal filed. 2 Vol. CT (436 pgs.), 1 Vol. RT (38 pgs.), 1 confidential probation report. Opening brief due: 09/24/18
08/15/2018 Letter sent advising record on appeal has been filed.
09/06/2018 Application/recommendation req. for counsel filed. by appellant
09/07/2018 Counsel appointment order filed. S. Lynne Klein for appellant. Opening brief due 10/09/18
09/26/2018 Motion/application to augment record filed. by appellant, briefing suspended.
09/26/2018 Application filed: by appellant to construe the notice of appeal filed on June 12, 2018.
10/03/2018 Augmentation granted. (See order.) Material due on 10/23/2018.
10/17/2018 Order filed. Appellant's application to construe the notice of appeal and/or amend the notice of appeal is granted in part. The notice of appeal filed on June 12, 2018, is construed to include
the following: (1) an appeal from the order or judgment entered on June 6, 2018, and July 23, 2018; (2) that the appeal is based on the sentencing or other matters occurring after the plea that do
not affect the validity of the plea; and (3) that the appeal challenges the validity of the plea or admission. The motion is otherwise denied. RAYE, P.J.
11/21/2018 Requested - extension of time. CSR Kaitlyn Fox to 12/16/18 to file augmented record. Completed 0 out of 5 hours.
11/26/2018 Granted - extension of time. CSR Kaitlyn Fox granted to 12/17/2018.
12/11/2018 Augmented record filed. 1 Vol. RT (pgs. 1-10).

AOB Due: 01/10/19
12/11/2018 Letter sent advising that augmented record has been filed.
01/09/2019 Filed application and order of: Appellant granting extension to 2/11/2019 to file AOB.
01/09/2019 Modified criminal address. Amanda Jean Havens
old address 1: Central California Women's Facility
new address 1: California Institution for Women

Per proof of service on AOB extension of time.
02/07/2019 Filed application and order of: Appellant granting extension to 3/13/2019 to file AOB.
03/08/2019 Requested - extension of time. Appellant to 4/12/2019 to file AOB.
03/08/2019 Granted - extension of time. Appellant to 4/12/2019 to file AOB.
04/10/2019 Requested - extension of time. Appellant to 5/12/2019 to file AOB.
04/10/2019 Granted - extension of time. Appellant to 5/12/2019 to file AOB.
05/13/2019 Appellant's opening brief. Defendant and Appellant: Amanda Jean Havens
Attorney: S. Lynne Klein Brief stricken per 5/16/19 order.
05/13/2019 Application filed: By appellant second application to construe and/or amend notices of appeal.
05/14/2019 Motion filed. By appellant to strike appellant's opening brief filed on 5/13/19 and file corrected brief. (Proposed brief included separately).
05/16/2019 Order filed. Appellant's motion to correct appellant's opening brief is granted. The filing of the appellant's opening brief on May 13, 2019, is ordered stricken.

The clerk of this court is directed to file appellant's corrected opening brief as of the date of this order. Respondent's brief shall be served and filled within
30 days after the filling of appellant's opening brief. Appellant's reply brief, if any, shall be served and filed within 20 days after the filing of the respondent's brief. RAYE, P.J.
05/16/2019 Appellant's opening brief. Defendant and Appellant: Amanda Jean Havens
Attorney: S. Lynne Klein
05/31/2019 Order filed. Appellant's application to construe and/or amend the notice of appeal is granted.
The notice of appeal filed on June 12, 2018, is construed to include an appeal from the
orders or judgments entered on April 20, 2018, and May 17, 2018. RAYE, P.J.
06/17/2019 Filed application and order of: Respondent granting extension to 7/17/19 to file RB.
07/15/2019 Filed application and order of: Respondent granting extension to 8/16/19 to file RB.
08/01/2019 Respondent's brief. Plaintiff and Respondent: The People
Attorney: Cameron M. Goodman
08/20/2019 Filed application and order of: Appellant granting extension to 9/20/19 to file ARB.
09/18/2019 Filed application and order of: Appellant granting extension to 10/21/2019 to file ARB.
10/18/2019 Requested - extension of time. Appellant to 11/20/2019 to file ARB.
10/18/2019 Granted - extension of time. Appellant to 11/20/2019 to file ARB.
11/20/2019 Appellant's reply brief. Defendant and Appellant: Amanda Jean Havens
Attorney: S. Lynne Klein
11/20/2019 Case fully briefed.
08/05/2020 Oral argument waiver notice sent. Request due: 8/17/2020
08/21/2020 Deemed submitted.
09/15/2020 Opinion filed. (Signed Unpublished) The orders entered in June and July 2018 are vacated. The matter is remanded to the trial court to consider exercising its discretion under sections 1202.4 and 1202.45
with regards to the amount of the restitution and parole revocation restitution fines. The trial court is directed to prepare an amended abstract of judgment in accordance with this opinion and to forward a certified copy to the Department of Corrections and Rehabilitation. The judgment entered in May 2018 is otherwise affirmed.

KRAUSE, J. (D)



I fully concur in the majority opinion except for part IV, pertaining to defendant's ability to pay the imposed fines, fees and assessments, as to which I dissent. Because the record indicates the trial court intended to impose minimum restitution and parole revocation fines, I would conclude defendant did not forfeit her ability-to-pay challenge. The record also indicates the trial court determined defendant did not have the ability to reimburse for legal assistance. In People v. Dueñas (2019) 30 Cal.App.5th 1157, the court held it is improper to impose certain fines or assessments without determining defendant's ability to pay. (Id. at pp. 1168, 1172.) Although some courts have subsequently criticized Dueñas's legal analysis (see, e.g., People v. Hicks (2019) 40 Cal.App.5th 320, review granted Nov. 26, 2019, S258946), Dueñas remains citable precedent. Until the California Supreme Court has had an opportunity to resolve the current split in authority, I would remand this matter to give the trial court an opportunity to consider defendant's ability to pay the imposed fines, fees and assessments.

MAURO, Acting P. J., Concurring and Dissenting.
10/22/2020 Record transmitted to Supreme Court. 1 Vol.
10/22/2020 Petition for review filed in Supreme Court. By Appellant (S265127).
10/22/2020 Service copy of petition for review received.
12/02/2020 Record returned from Supreme Court. 1 Vol.
11/24/2020 Petition for review denied in Supreme Court. Appellant's. Cantil-Sakauye, C.J.
Received 11/25/20
12/02/2020 Remittitur issued.
12/02/2020 Case complete.


Briefs

The People v. Havens
Case Number C087536
Brief Due Date Date Filed Party and Attorney Notes
Appellant's opening brief. 05/13/2019 Defendant and Appellant: Amanda Jean Havens
Attorney: S. Lynne Klein
Brief stricken per 5/16/19 order.
Appellant's opening brief. 05/16/2019 Defendant and Appellant: Amanda Jean Havens
Attorney: S. Lynne Klein

Respondent's brief. 08/01/2019 Plaintiff and Respondent: The People
Attorney: Cameron M. Goodman

Appellant's reply brief. 11/20/2019 Defendant and Appellant: Amanda Jean Havens
Attorney: S. Lynne Klein



Disposition

The People v. Havens
Case Number C087536
Description:
Affirmed in part and remanded with directions
Date:
09/15/2020
Disposition Type:
Final
The orders entered in June and July 2018 are vacated. The matter is remanded to the trial court to consider exercising its discretion under sections 1202.4 and 1202.45 with regards to the amount of the restitution and parole revocation restitution fines. The trial court is directed to prepare an amended abstract of judgment in accordance with this opinion and to forward a certified copy to the Department of Corrections and Rehabilitation. The judgment entered in May 2018 is otherwise affirmed.
Publication Status:
Signed Unpublished
Author:
Krause, Peter A.
Participants:
Mauro, Louis (Dissent)
Duarte, Elena J. (Concur)
Case Citation:
none


Trial Court

The People v. Havens
Case Number C087536
Trial Court Name:
Shasta County Superior Court - Main
County:
Shasta
Trial Court Case Number:
15F2711
Trial Court Judge:
Beatty, Cara
Trial Court Judgment Date:
06/06/2018