Parties and Attorneys
The People v. Norphard
Division 5
Division 5
Case Number B247433
| Party | Attorney |
|---|---|
| The People : Plaintiff and Respondent | Office of the Attorney General 300 South Spring St. 1st Floor Los Angeles, CA 90013 Contact Name: Thomas Hsieh |
| Herman Larelle Norphard : Defendant and Appellant California Men's Colony P.O. Box 8101 San Luis Obispo, CA 93409-8101 | Steven Brody Law Offices of Steven Brody 350 South Figueroa Street Suite 975 Los Angeles, CA 90071-0659 |
Case Summary
Trial Court Case:
SA078463
Court of Appeal Case:
B247433
Caution: For information on when opinions may be cited or relied upon, click here .
Division:
5
Case Caption:
The People v. Norphard
Case Type:
CR
Filing Date:
05/29/2013
Completion Date:
09/10/2014
Oral Argument Date/Time:
07/08/2014 09:00 AM
Docket (Register of Actions)
The People v. Norphard
Division 5
Division 5
Case Number B247433
| Date | Description | Notes |
|---|---|---|
| 03/13/2013 | Motion filed. | To File Belated / Notice Of Appeal |
| 03/13/2013 | Request for judicial notice filed. | |
| 04/26/2013 | Order filed. | Attorney General ordered to file response to belated n/a & habeas petition within 15 days. |
| 04/30/2013 | Response filed: | by AG re belated n/a & HC |
| 05/10/2013 | Order filed. | The motion for leave to file a belated notice of appeal is granted. Defedant is directed to file a noa within 20 days of the date of this order. The request for judicial notice is granted as to exhibits 1 and 6. The request for appointment of counsel is granted and CAP is directed to assign counsel. |
| 05/10/2013 | Note: | e-mailed to crim appeals & cap order dtd 5-10-13 |
| 06/05/2013 | Notice of appeal lodged/received (criminal). | noa 05/29/2013 Herman Norphard |
| 07/23/2013 | Record on appeal filed. | c-1 (194 pgs) r-1 (278 pgs) pr-1 |
| 08/01/2013 | N/A sent to CAP for appointment recommendation. | |
| 08/26/2013 | Counsel appointment order filed. | Brody for Norphard |
| 08/26/2013 | Modified criminal address. | Herman Larelle Norphard old address 1: Pleasant Valley State Prison new address 1: California Men's Colony old address 2: P.O. Box 8500 new address 2: P.O. Box 8101 old city: Coalinga new city: San Luis Obispo old zip: 93210 new zip: 93409 old zip ext: {blank} new zip ext: 8101per appointment order |
| 09/24/2013 | Requested - extension of time | Wende brief filed. Requested for 10/28/2013 By 33 Day(s) |
| 09/25/2013 | Granted - extension of time. | Wende brief filed. Due on 10/25/2013 By 30 Day(s) |
| 10/24/2013 | Requested - extension of time | Wende brief filed. Requested for 11/25/2013 By 31 Day(s) |
| 10/24/2013 | Granted - extension of time. | Wende brief filed. Due on 12/26/2013 By 62 Day(s) |
| 12/23/2013 | Requested - extension of time | Wende brief filed. Requested for 02/07/2014 By 43 Day(s) |
| 12/27/2013 | Denied - extension of time. | Rule 8.220(a)(1) notice to issue. |
| 12/27/2013 | Appellant notified re failure to timely file opening brief. | Parties e-notified. |
| 01/27/2014 | Wende brief filed. | Defendant and Appellant: Herman Larelle Norphard Attorney: Steven Brody |
| 01/28/2014 | No merit brief letter sent. | |
| 03/18/2014 | Original entry stricken - sequence no. not removed. | Wende cause submitted. Court asked for further briefing. Cause no longer submitted. |
| 06/04/2014 | File(s) received from county clerk. | One vol. (SA078463). |
| 06/05/2014 | Letter sent to: | The court requests further briefing as to whether: the oral pronouncement of judgment must be modified to impose a $30 court facilities assessment (Gov. Code,§ 70373, subd. (a)(1)) and a $40 court operations assessment (Pen. Code, § 1465.8, subd. (a)(1)); the trial court failed to impose mandatory penalties and a surcharge in connection with the $10 local crime prevention programs fine (Pen. Code,§ 1202.5, subd. (a)); and, upon remittitur issuance, the trial court must conduct an ability to pay hearing as to the $10 local crime prevention programs fine together with the mandatory penalties and surcharge. Letter briefs may be filed on or before Thursday, June 19, 2014. The letter briefs may be filed by facsimile transmission or by e-mail at 2d1.clerk5@jud.ca.gov. Unless waived, oral argument will be heard on Tuesday, July 8, 2014 at 9 a.m. |
| 06/12/2014 | Calendar notice sent electronically. Calendar date: | July 8, 2014 @ 9:00 a.m. |
| 06/13/2014 | Waiver of oral argument filed by: | csl for appellant |
| 06/12/2014 | Letter brief filed. | Defendant and Appellant: Herman Larelle Norphard Attorney: Steven Brody |
| 06/18/2014 | Letter brief filed. | Plaintiff and Respondent: The People Attorney: Office of the Attorney General |
| 06/19/2014 | Waiver of oral argument filed by: | people |
| 07/08/2014 | Argument waived, cause submitted. | |
| 07/10/2014 | Opinion filed. | (Signed Unpublished)The oral pronouncement of judgment is modified to impose a $30 court facilities assessment under Government Code section 70373, subdivision (a)(1), and a $40 court operations assessment pursuant to Penal Code section 1465.8, subdivision (a)(1). Upon remittitur issuance, the trial court is to conduct an ability to pay hearing as to the local crime prevention programs fine (Pen. Code, § 1202.5, subd. (a)) together with penalties and a surcharge. The trial court may impose a lesser fine or none at all. The judgment is affirmed in all other respects. Following the trial court's ruling on the local crime prevention programs fine, the clerk of the superior court is to prepare an amended abstract of judgment and deliver a copy to the Department of Corrections and Rehabilitation. 4 pages; Turner-Mosk-Kriegler |
| 07/10/2014 | File(s) returned to county clerk. | One vol. (SA078463). |
| 09/10/2014 | Remittitur issued. | |
| 09/10/2014 | Case complete. |
Briefs
The People v. Norphard
Division 5
Division 5
Case Number B247433
| Brief | Due Date | Date Filed | Party and Attorney | Notes |
|---|---|---|---|---|
| Wende brief filed. | 01/27/2014 | Defendant and Appellant: Herman Larelle Norphard Attorney: Steven Brody | | |
| Letter brief filed. | 06/12/2014 | Defendant and Appellant: Herman Larelle Norphard Attorney: Steven Brody | | |
| Letter brief filed. | 06/18/2014 | Plaintiff and Respondent: The People Attorney: Office of the Attorney General | |
Future Scheduled Actions
The People v. Norphard
Division 5
Division 5
Case Number B247433
No information found.
Disposition
The People v. Norphard
Division 5
Division 5
Case Number B247433
Description:
Affirmed with modifications
Date:
07/10/2014
Disposition Type:
Final
Publication Status:
Signed Unpublished
Author:
Turner, Paul
Participants:
Kriegler, Sandy R. (Concur)
Mosk, Richard M. (Concur)
Mosk, Richard M. (Concur)
Case Citation:
none
Trial Court
The People v. Norphard
Division 5
Division 5
Case Number B247433
Trial Court Name:
Los Angeles County Superior Court
County:
Los Angeles
Trial Court Case Number:
SA078463
Trial Court Judge:
Brown, Leslie
Trial Court Judgment Date: