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United States Court Cases

California Fifth Appellate District Record

The People v. Martinez

Parties and Attorneys

The People v. Martinez
Case Number F080035
Party Attorney
The People : Plaintiff and Respondent
 Office of the Attorney General
P. O. Box 944255
Sacramento, CA 94244

Carlos A. Martinez
Office Of The Attorney General
P. O. Box 944255
Sacramento, CA 94244

Jeffrey D. Firestone
Office of the Attorney General
1300 I Street, Suite 125
P. O. Box 944255
Sacramento, CA 94244-2550

Ruben Martinez : Defendant and Appellant
California Correctional Institution
P.O. Box 1905
Tehachapi, CA 93581 		Tanya Dellaca
California Appellate Project
520 S. Grand Ave., 4th Floor
Los Angeles, CA 90071



Case Summary

Trial Court Case:
F17907123
Court of Appeal Case:
F080035
Supreme Court Case:
S274759
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. Martinez
Case Type:
CR
Filing Date:
09/23/2019
Completion Date:
06/30/2022
Oral Argument Date/Time:


Docket (Register of Actions)

The People v. Martinez
Case Number F080035
Date Description Notes
09/27/2019 Notice of appeal lodged/received (criminal). 1st degree murder, etc.; 9 dat j/t; 26 yrs to Life; request for appointed counsel in NOA; copy to CCAP
09/27/2019 Notice to reporter to prepare transcript. sent to ctrrs Gentry, Hergenrader, Keiser, Alday, Garcia, Acosta, Allison 9/25/19
10/01/2019 Court reporter extension granted. 1st request
12/27/2019 Notice to reporter to prepare transcript. sent to ctrr Alisonon 12/24
01/09/2020 Filed order appointing counsel (C.C.A.P. review). AOB due within 40 days of record filed.
01/15/2020 Email sent to: superior court re status of rtx
01/15/2020 Record on appeal filed.
01/15/2020 electronic reporter's transcript filed R12, 651 pages
01/15/2020 Marsden transcript filed. VOl 1A, pages 5-22
01/15/2020 Marsden transcript filed. Vol 2, pages 301-333
01/15/2020 Probation report filed. pages 184-201
01/15/2020 Clerk's transcript filed. C1, 208 pages
01/15/2020 Filed proof of service.
01/15/2020 Filed proof of service.
01/15/2020 Letter sent advising record on appeal has been filed. aob due in 40 days
02/25/2020 Motion/application to augment record filed. atty Dellaca requesting report of Dr. Willis, People's Exhibit 18
03/09/2020 Augmentation granted. (See order.) Upon motion of appellant and good cause appearing, it is ordered that the record on appeal be augmented to include augmented clerk's transcripts described in appellant's "MOTION TO AUGMENT &.," filed on February 25, 2020, incorporated as if set forth herein and consisting of the following material:
1. The clerk's transcript consisting of the material described in item No. 1 of the above mentioned motion.
2. Copies of People's exhibit 18 described in item No. 2 of the above mentioned motion.

The Clerk of the Superior Court of the County of Fresno is directed to cause such material to be prepared and certified and to transmit the same to this court and to counsel, on or before 30 days from the date of this order.


Insofar as this material is confidential, the Clerk of the Superior Court of Fresno County is directed to seal said confidential material, to treat it as being confidential and to cause the original and copies to be sent only to this court and counsel for appellant and respondent. If the parties raise any issues in their briefs related to the confidential materials, the parties are directed to comply with California Rules of Court, rule 8.47(c).

Time to file appellant's opening brief is hereby extended to and including 30 days from the date of the filing of the augmentation ordered above.
03/18/2020 Augmented record filed. Copy of People's Exhibit 18 (CD); placed in expando
03/18/2020 Letter sent advising that augmented record has been filed.
03/18/2020 Augmented clerk's transcript filed C1, 26 pages
03/18/2020 Filed proof of service.
03/18/2020 Letter sent advising that augmented record has been filed. aob due in 30 days
06/18/2020 Granted - extension of time. 1st request
07/20/2020 Granted - extension of time. 2nd request
08/17/2020 Requested - extension of time 3rd request
08/17/2020 Granted - extension of time. 3rd request
09/17/2020 Requested - extension of time 4th request
09/17/2020 Granted - extension of time. 4th request
10/19/2020 Requested - extension of time 5th request
10/19/2020 Granted - extension of time. 5th request
11/16/2020 Appellant's opening brief. Defendant and Appellant: Ruben Martinez
Attorney: Tanya Dellaca
12/14/2020 Granted - extension of time. 1st request
01/11/2021 Granted - extension of time. 2nd request
02/16/2021 Requested - extension of time 3rd request
02/16/2021 Granted - extension of time. 3rd request
03/10/2021 Respondent's brief. Plaintiff and Respondent: The People
Attorney: Carlos A. Martinez
03/30/2021 Granted - extension of time. 1st request
04/30/2021 Appellant's reply brief filed. Defendant and Appellant: Ruben Martinez
Attorney: Tanya Dellaca
04/30/2021 Case fully briefed.
10/25/2021 Filed document entitled: Attorney General Firestone is now attorney of record; Attorney General Martinez no longer attorney of record
02/15/2022 Letter sent to: Attorney Dellaca;

We are forwarding to you the accompanying material received ex parte by this court from your client.

The court asks that you review this material and make all necessary communication(s) with your client, consistent with your role as attorney of record. In addition, please notify this court, within ten (10) days from the date of this letter, and without infringing upon the attorney-client relationship, that any necessary communications have occurred.
02/15/2022 Filed letter from: Attorney Dellaca; communications have occurred re: appellant's letter.
03/11/2022 Filed order vacating and appointing new counsel. Attorney Dellaca's appointment through CCAP is vacated and they are reappointed as LACAP Staff.
03/14/2022 Oral argument waiver notice sent.
03/16/2022 Conditional waiver filed by: DAG Firestone - VC/15 Mins
04/15/2022 Argument waived, cause submitted. In response to questionnaires sent to the parties, the parties have either not returned their questionnaire-resulting in an implied agreement to waive oral argument- or indicated they are willing to waive oral argument. The court approves the waiver of oral argument in this case and the matter stands submitted as of the date of this order.
04/21/2022 Opinion filed. (Signed Unpublished) The judgment is affirmed. Detjen, Franson, Meehan; 15 pages.
05/26/2022 Service copy of petition for review received. by Attorney Dellaca obo appellant
06/02/2022 Received: Letter from appellant
06/30/2022 Petition for review denied in Supreme Court. on 6/29/22; Detjen, Franson, Meehan
06/30/2022 Remittitur issued.
06/30/2022 Case complete.


Briefs

The People v. Martinez
Case Number F080035
Brief Due Date Date Filed Party and Attorney Notes
Appellant's opening brief. 11/16/2020 Defendant and Appellant: Ruben Martinez
Attorney: Tanya Dellaca
Respondent's brief. 03/10/2021 Plaintiff and Respondent: The People
Attorney: Carlos A. Martinez
Appellant's reply brief filed. 04/30/2021 Defendant and Appellant: Ruben Martinez
Attorney: Tanya Dellaca


Disposition

The People v. Martinez
Case Number F080035
Description:
Affirmed in full
Date:
04/21/2022
Disposition Type:
Final
The judgment is affirmed. Detjen, Franson, Meehan; 15 pages.
Publication Status:
Signed Unpublished
Author:
Detjen, Jennifer R.S.
Participants:
Franson, Jr., Donald R. (Concur)
Meehan, Kathleen A. (Concur)
Case Citation:
none


Trial Court

The People v. Martinez
Case Number F080035
Trial Court Name:
Fresno County Superior Court - Main
County:
Fresno
Trial Court Case Number:
F17907123
Trial Court Judge:
Conklin, Jonathan
Trial Court Judgment Date:
09/23/2019