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United States Court Cases

California Fifth Appellate District Record

The People v. Hood

Parties and Attorneys

The People v. Hood
Case Number F063172
Party Attorney
The People : Plaintiff and Respondent
Rebecca Whitfield
Office of the Attorney General
2550 Mariposa Mall, Room 5090
Fresno, CA 93721

Mason Henry Hood : Defendant and Appellant
Sierra Conservation Center
5150 O'Byrnes Ferry Road
Jamestown, CA 95327
Richard Moller
Attorney at Law
P. O. Box 1669
Redway, CA 95560-1669



Case Summary

Trial Court Case:
BF133924A
Court of Appeal Case:
F063172
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. Hood
Case Type:
CR
Filing Date:
08/22/2011
Completion Date:
12/11/2012
Oral Argument Date/Time:


Docket (Register of Actions)

The People v. Hood
Case Number F063172
Date Description Notes
08/30/2011 Notice of appeal lodged/received (criminal). 2 day Jury Trial; possession of firearm by a felon & possession of ammunition; 4 yrs; request for appointment of counsel in notice of appeal; copy to CCAP
08/30/2011 Notice to reporter to prepare transcript. sent to ctrrs Blue-Stewart, Smith & Gonzales by superior court on 8/22/11
08/30/2011 Court reporter extension granted. CSR: Smith, Kathleen M (7169) Extended Due Date: 10/12/20111st request 30 days
08/30/2011 Received fax informational copy of: 1st request for EOT to 10/12/11 by ctrr Smith (original filed today)
09/09/2011 Appellant notified re: right to counsel. for applt Hood #1
10/17/2011 Record on appeal filed. C2/304 pgs, R4/405 pgs; ltr to counsel re aob due
10/17/2011 Probation report filed. pgs 292-304 of CT vol 2, in confidential env
10/27/2011 Filed order appointing counsel (C.C.A.P. review). Defendant and Appellant: Mason Henry Hood
Attorney: Richard Moller AOB due w/n 30 days
10/27/2011 Appointment request for counsel filed. for applt Hood; copy scanned to CCAP
11/14/2011 Record omission letter received. by Atty Moller; any documentary proof of applt's strike prior to 7/1/11, including rap sheet and abstract of judgment from San Diego County
12/01/2011 Filed augmented record pursuant to rule 8.340. C1/19 pages; purs to letter received on 11/14/11 (ltr to all parties re: AOB due w/n 30 days)
12/16/2011 Appellant's opening brief. Defendant and Appellant: Mason Henry Hood
Attorney: Richard Moller
01/12/2012 Granted - extension of time.
Respondent's brief. Due on 02/14/2012 By 28 Day(s)
1st request
02/07/2012 Respondent's brief. Plaintiff and Respondent: The People
Attorney: Rebecca Whitfield
02/27/2012 Appellant's reply brief filed. Defendant and Appellant: Mason Henry Hood
Attorney: Richard Moller
02/27/2012 Case fully briefed.
03/13/2012 Augmentation granted. (See order.) Although counsel on appeal has raised an issue regarding appellant's Pitchess motion, counsel did not request that the record be augmented to include the materials necessary for this court's review. Upon this court's own motion, it is ordered that the record on appeal be augmented to include the following material.

1. A transcript of the oral in camera proceedings held on February 9, 2011; and

2. The files which were reviewed at the in camera hearing held on February 9, 2011, pursuant to appellant's Pitchess motion.

The Clerk of the Superior Court of Kern County is directed to cause the requested material to be prepared and certified and to transmit the same to this court and to counsel, except as noted below, on or before 30 days from the date of this order.

Insofar as any of the above described oral proceedings and files are confidential, the Clerk of the Kern County Superior Court is directed to seal said transcripts and files, to treat them as being confidential and to cause them to be sent only to this court and not to the parties.

In the event that the superior court did not keep copies of said files, upon this court's own motion, the Superior Court of Kern County is directed to conduct further proceedings to prepare a settled statement described below in accordance with the applicable rules of the California Rules of Court and the following directions:

The superior court is directed to order said files from the custodian of those files. Upon receipt of said files, the superior court is directed to conduct confidential in camera proceedings during which the files are reviewed and to prepare a confidential settled statement stating: (1) whether the files received from the custodian are the same files the court examined at the in camera hearing held on February 9, 2011; (2) whether any other files were examined at the in camera hearing held on February 9, 2011, that were not received from the custodian and describe the contents of those missing files as completely as possible within the court's recollection; and (3) any other pertinent information.

This court notes that nothing in this order requires the presence of counsel for appellant or respondent in the settled statement proceedings in superior court.

The record in this appeal shall be deemed augmented to include said settled statement, said files, and all transcripts of hearings held pursuant to this order.

On or before 15 days from the date the Superior Court of Kern County receives said confidential files from the custodian, the superior court is directed to cause said files, settled statement and all transcripts held pursuant to this order to be sent only to this court and not to the parties.

Insofar as any transcripts were not confidential, the parties may request this court to send them copies. (CSMGR)
03/28/2012 Notice to reporter to prepare transcript. sent to ctrrs Smith by the Superior Court on 4/13/12
04/18/2012 Sealed document filed ******* C1/1 page (1 orig + copies); R1A/5 pages (2/9/11; 1 orig + 2 copies) & 1 manila envelope with Pitchess records (placed in confidential envelope)
04/18/2012 Augmented record filed. R1/4 pages purs to crt's order filed 3/13/12
05/24/2012 Original entry stricken - sequence no. not removed. default notice (due date: 5/18/12)
05/30/2012 Letter sent to: Atty Moller rescinding default notice mailed on 5/24/12
08/29/2012 Oral argument waiver notice sent. (Neutral) JAA #25
09/05/2012 Conditional waiver filed by: Dep AG Whitfield obo respondent - personal appearance & 15 mins
10/11/2012 Argument waived, cause submitted. JAA
10/11/2012 Opinion filed. (Signed Unpublished) The judgment is affirmed. Franson, Levy & Poochigian; 12 pages
12/11/2012 Remittitur issued.
12/11/2012 Case complete.


Briefs

The People v. Hood
Case Number F063172
Brief Due Date Date Filed Party and Attorney Notes
Filed order appointing counsel (C.C.A.P. review). 10/27/2011 Defendant and Appellant: Mason Henry Hood
Attorney: Richard Moller
AOB due w/n 30 days
Appellant's opening brief. 12/16/2011 Defendant and Appellant: Mason Henry Hood
Attorney: Richard Moller

Respondent's brief. 02/07/2012 Plaintiff and Respondent: The People
Attorney: Rebecca Whitfield

Appellant's reply brief filed. 02/27/2012 Defendant and Appellant: Mason Henry Hood
Attorney: Richard Moller



Disposition

The People v. Hood
Case Number F063172
Description:
Affirmed in full
Date:
10/11/2012
Disposition Type:
Final
The judgment is affirmed. Franson, Levy & Poochigian; 12 pages
Publication Status:
Signed Unpublished
Author:
Franson, Jr., Donald R.
Participants:
Levy, Herbert I. (Concur)
Poochigian, Charles S. (Concur)
Case Citation:
none


Trial Court

The People v. Hood
Case Number F063172
Trial Court Name:
Kern County Superior Court - Main
County:
Kern
Trial Court Case Number:
BF133924A
Trial Court Judge:
Lua, John
Trial Court Judgment Date:
08/16/2011