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United States Court Cases

California Fifth Appellate District Record

The People v. Kurney

Parties and Attorneys

The People v. Kurney
Case Number F074559
Party Attorney
The People : Plaintiff and Respondent
Office of the Attorney General
P. O. Box 944255
Sacramento, CA 94244

Marcia A. Fay
Office of the Attorney General
P. O. Box 944255
1300 I Street, Suite 125
Sacramento, CA 94244-2500

Ira Lee Kurney : Defendant and Appellant
Kern Valley State Prison
P.O. Box 5105
Delano, CA 93216
Ross Thomas
4104 24th Street, Suite 411
San Francisco, CA 94114

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



Case Summary

Trial Court Case:
DF012088A
Court of Appeal Case:
F074559
Court of Appeal Opinion:
[ PDF ] [ DOC ]
Caution: For information on when opinions may be cited or relied upon, click here .
Division:
Case Caption:
The People v. Kurney
Case Type:
CR
Filing Date:
10/18/2016
Completion Date:
07/02/2018
Oral Argument Date/Time:


Docket (Register of Actions)

The People v. Kurney
Case Number F074559
Date Description Notes
10/24/2016 Notice of appeal lodged/received (criminal). poss./purchase for sale of contr. substance; 6 day j/t; sent. 8 yrs; request for counsel in NOA; copy to CCAP
10/24/2016 Notice to reporter to prepare transcript. sent to ctrrs McGarry, Bertolucci and Cunha on 10/18/16
11/09/2016 Court reporter extension granted.
Record on appeal filed. Due on 01/06/2017 By 60 Day(s)
1st Request by CSR McGarry
01/27/2017 Order filed. The record on appeal has not been received within the timeframe prescribed by law. Accordingly, within 30 days of the date of this order, the Court Executive Officer of the Kern County Superior Court is directed to take one of the following actions:

(1) Send the original appellate records to the Clerk of this Court, including any reporter's transcripts properly certified (See Cal. Rules of Court, rule 8.150(a));

(2) Secure the stenographic notes of any delinquent certified shorthand reporter and arrange for them to be transcribed and certified by an alternate certified shorthand reporter. Send the original appellate records to the Clerk/Administrator of this Court, including the reporter's transcripts certified by the alternate certified shorthand reporter (See Cal. Rules of Court, rule 8.150(a); see also People v. Chessman (1950) 35 Cal.2d 455, 459, 461[transcription and certification of reporter's transcripts by a certified shorthand reporter based on the stenographic notes of another reporter]);

(3) Notify this court and all parties that specific portions of the proceedings cannot be transcribed, in which case the appeals will proceed by way of agreed statements or settled statements as to those portions of the proceedings (see Cal. Rules of Court, rules 8.130(g)(1); 8.134, 8.137, 8.344, 8.346; see generally People v. Chessman, supra, 35 Cal.2d 455).
02/16/2017 Record on appeal filed. C2/391 pages (e-filed); R4/481 pages Master Index; letter sent regarding record filed & AOB due w/40 daysRecord Delinquency Notice Sent 1/27/2017
02/16/2017 Probation report filed. C1/16 pages (e-filed)
02/23/2017 Filed order appointing counsel (C.C.A.P. review). Atty: Thomas for appellant Kurney; AOB due w/30 days
03/27/2017 Record omission letter received. Copy of reporter's transcript of hearing held on 7/12/16 and Copy of People's Exhibit 32
04/06/2017 Notice to reporter to prepare transcript. sent to ctrr Cunha by superior court on 4/6/17 (augment)
04/12/2017 Filed augmented record pursuant to rule 8.340. C1/17 pages (e-filed); R1/8 pages; per omission letter filed on 3/27/17
04/12/2017 Letter sent advising that supplemental record has been filed. AOB due w/30 days
05/15/2017 Granted - extension of time. 1st request
06/12/2017 Granted - extension of time. 2nd request
07/12/2017 Requested - extension of time 3rd request
07/13/2017 Granted - extension of time. 3rd request; approved by APJ
08/14/2017 Requested - extension of time 4th request
08/14/2017 Granted - extension of time. 4th request; reviewed & approved
08/22/2017 Appellant's opening brief. Defendant and Appellant: Ira Lee Kurney
Attorney: Ross Thomas
09/18/2017 Granted - extension of time. 1st request
09/26/2017 Respondent's brief. Plaintiff and Respondent: The People
Attorney: Marcia A. Fay
10/18/2017 ARB not filed (time elapsed or notice no brief). Defendant and Appellant: Ira Lee Kurney
Attorney: Ross Thomas
10/18/2017 Case fully briefed.
04/18/2018 10 day letter sent (B.T.C. case).
04/19/2018 Conditional waiver filed by: AG Fay - CC/10
04/30/2018 Argument waived, cause submitted. Oral argument having been waived in the above-entitled case in accordance with the provisions of a notice mailed to counsel, the case is submitted for decision.
04/30/2018 Opinion filed. (By the Court - Unpublished) The judgment and the trial court's ruling denying defendant's Pitchess motion are affirmed. Levy, Detjen, Smith; 9 pages.
07/02/2018 Remittitur issued.
07/02/2018 Case complete.


Briefs

The People v. Kurney
Case Number F074559
Brief Due Date Date Filed Party and Attorney Notes
Appellant's opening brief. 08/22/2017 Defendant and Appellant: Ira Lee Kurney
Attorney: Ross Thomas

Respondent's brief. 09/26/2017 Plaintiff and Respondent: The People
Attorney: Marcia A. Fay

ARB not filed (time elapsed or notice no brief). 10/18/2017 Defendant and Appellant: Ira Lee Kurney
Attorney: Ross Thomas



Disposition

The People v. Kurney
Case Number F074559
Description:
Affirmed in full
Date:
04/30/2018
Disposition Type:
Final
The judgment and the trial court's ruling denying defendant's Pitchess motion are affirmed. Levy, Detjen, Smith; 9 pages.
Publication Status:
By the Court - Unpublished
Author:
Participants:
Levy, Herbert I. (Concur)
Smith, M. Bruce (Concur)
Detjen, Jennifer R.S. (Concur)
Case Citation:
none


Trial Court

The People v. Kurney
Case Number F074559
Trial Court Name:
Kern County Superior Court - Main
County:
Kern
Trial Court Case Number:
DF012088A
Trial Court Judge:
Brehmer, Charles
Trial Court Judgment Date:
10/18/2016