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
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.
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)
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