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United States Court Cases

California Third Appellate District Record

The People v. Wormly

Parties and Attorneys

The People v. Wormly
Case Number C066619
Party Attorney
The People : Plaintiff and Respondent
Office of the State Attorney General
P.O. Box 944255
Sacramento, CA 94244-2550

Contact Name: Robert Gezi

Gerald Wormly : Defendant and Appellant
California Medical Facility - North
P.O. Box 4000
Vacaville, CA 95696
Han N. Tran
Attorney at Law
P. O. Box 10537
Oakland, CA 94610



Case Summary

Trial Court Case:
08F05032
Court of Appeal Case:
C066619
Supreme Court Case:
S198155
Division:
Case Caption:
The People v. Wormly
Case Type:
CR
Filing Date:
11/03/2010
Completion Date:
01/19/2012
Oral Argument Date/Time:


Docket (Register of Actions)

The People v. Wormly
Case Number C066619
Date Description Notes
11/10/2010 Notice of appeal lodged/received (criminal). Filed in the trial court on 11/3/2010.
Robbery, 2nd degree, etc.
11/22/2010 Modified criminal address. Added CDC# to address per CCAP form.
12/10/2010 Record on appeal filed. 2 Vols. CT (407 pp.); 4 Vols. RT (971 pp.); 1 confidential probation report (CT, pp. 387-400); 1 sealed portion of CT: Declaration of custodian records, dated 09/15/10 (CT, pp. 365-371); 1 sealed Marsden transcript of hearing held 03/05/09 (RT pp. 5-26). AOB due: 01/19/11.
12/10/2010 Sealed document filed. See previous entry.
12/15/2010 Received: letter from appellant, dated 12/13/10, seeking information on court appointed counsel.
12/15/2010 Letter sent to: pro per appellant in response to request for court appointed counsel.
12/23/2010 Appointment/recommendation req. for counsel filed.
12/27/2010 Counsel appointment order filed. Han Tran for appellant. AOB due 01/26/11.
01/21/2011 Letter sent to: appellant returning letter in regards to appointed counsel extension requests and advising that all communication with the court must be transmitted by counsel of record. (People v. Clark) Sent back with docket sheet.
01/26/2011 Motion/application to augment record filed. By appellant.
01/31/2011 Letter sent to: appellant returning letter in regards to appointed counsel extension requests and advising that all communication with the court must be transmitted by counsel of record. (People v. Clark) Sent back with docket sheet.
02/08/2011 Augmentation granted. (See order.) Material due 02/28/11.
02/17/2011 Modified criminal address. Appellant's address per letter to the court from DVI to CCC Susanville. Forwarded letter to appointed counsel.
03/01/2011 Filed application and order of:
Augmented record filed. Due on 03/24/2011 By 21 Day(s)
CSR Jodee Weinrich to 03/21/11. (Completed 0 out of 16 hours.) (Augmented record)
03/21/2011 Letter sent to: CSR Weinrich returning augmented RT and 2 sealed envelopes for corrections. Corrected RT due 04/01/11.
04/01/2011 Modified criminal address. Changed address from CCC to HDS per letter from appellant. Forwarded copy of letter to appointed counsel.
04/04/2011 Augmented record filed. 1 Vol. CT (30 pp.), 1 Vol. RT (269 pp.); declaration of Deputy Clerk Pat Rodriguez advising that requested item 1 is located in the original CT and item 2 could not be located in the court file and nothing was omitted; sealed portion of RT, transcript of hearing held 08/04/10 (RT, pp. 242-247). Exhibits received: 6 DVDs (People's exhibits 19, 22 & 84 and Deft's exhibits 100, 101 & 114.) AOB due: 05/04/11.
04/04/2011 Sealed document filed. See previous augment entry.
04/04/2011 Exhibits received from county clerk. See augment entry - 6 DVDs (People's exhibits 19, 22 & 84 and Deft's exhibits 100, 101 & 114)
04/13/2011 Appellant's opening brief. Defendant and Appellant: Gerald Wormly
Attorney: Han N. Tran
05/12/2011 Filed application and order of:
Respondent's brief. Due on 06/16/2011 By 31 Day(s)
Respondent to 06/13/11.
06/10/2011 Filed application and order of:
Respondent's brief. Due on 07/18/2011 By 32 Day(s)
Respondent to 07/13/11.
07/08/2011 Respondent's brief. Plaintiff and Respondent: The People
Attorney: Office of the State Attorney General
07/20/2011 Appellant's reply brief. Defendant and Appellant: Gerald Wormly
Attorney: Han N. Tran
07/20/2011 Case fully briefed.
09/27/2011 Oral argument waiver notice sent. Request due: 10/7/2011.
10/21/2011 Cause submitted after approval of argument waiver. Raye, P.J.
10/21/2011 Opinion filed. (Signed Unpublished) The judgment is affirmed.
11/21/2011 Service copy of petition for review received. Appellant's.
11/22/2011 Petition for review filed in Supreme Court. By appellant in S.F. (S198155)
11/22/2011 Record transmitted to Supreme Court. 1 vol.
01/11/2012 Petition for review denied in Supreme Court. The petition for review is denied without prejudice to any relief to which defendant might be entitled after this court decides People v. McCullough, S192513. Cantil-Sakauye, C.J.
01/18/2012 Record returned from Supreme Court. 1 vol.
01/19/2012 Remittitur issued.
01/19/2012 Case complete.
02/02/2012 Mail returned and re-sent. Appellant's copy of remittitur returned with a postal sticker for CMN, P.O. Box 4000, Vacaville, CA 95696-4000. UPdated address and resent to Vacaville after confirming this is current address with online locater.
02/15/2012 Exhibits returned to county clerk. People's 19, 22, 84; Def's 100, 101, 114
05/15/2013 Record shipped to records center - Sacramento. List 55 Box 224 Location 1248164


Briefs

The People v. Wormly
Case Number C066619
Brief Due Date Date Filed Party and Attorney Notes
Appellant's opening brief. 04/13/2011 Defendant and Appellant: Gerald Wormly
Attorney: Han N. Tran

Respondent's brief. 07/08/2011 Plaintiff and Respondent: The People
Attorney: Office of the State Attorney General

Appellant's reply brief. 07/20/2011 Defendant and Appellant: Gerald Wormly
Attorney: Han N. Tran



Disposition

The People v. Wormly
Case Number C066619
Description:
Affirmed in full
Date:
10/21/2011
Disposition Type:
Final
The judgment is affirmed.
Publication Status:
Signed Unpublished
Author:
Robie, Ronald B.
Participants:
Murray, Jr., William J. (Concur)
Raye, Vance W. (Concur)
Case Citation:
none


Trial Court

The People v. Wormly
Case Number C066619
Trial Court Name:
Sacramento County Superior Court
County:
Sacramento
Trial Court Case Number:
08F05032
Trial Court Judge:
Connelly, Lloyd
Trial Court Judgment Date:
10/22/2010