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United States Court Cases

California Fifth Appellate District Record

The People v. Hughes

Parties and Attorneys

The People v. Hughes
Case Number F061613
Party Attorney
The People : Plaintiff and Respondent
Peter H. Smith
Office of the Attorney General
1300 I Street
P. O. Box 944255
Sacramento, CA 94244-2550

Bernard Charles Hughes : Defendant and Appellant
Deuel Vocational Institution
P.O. Box 600
Tracy, CA 95378
Eileen Kotler
Balin & Kotler, LLP
1750 Francisco Blvd.
Pacifica, CA 94044



Case Summary

Trial Court Case:
7045
Court of Appeal Case:
F061613
Supreme Court Case:
S211574
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. Hughes
Case Type:
CR
Filing Date:
01/05/2011
Completion Date:
09/13/2013
Oral Argument Date/Time:


Docket (Register of Actions)

The People v. Hughes
Case Number F061613
Date Description Notes
01/12/2011 Notice of appeal lodged/received (criminal). 1st degree residential burglary, possession of firearm by a felon (2 counts), Possession of ammunition by a felon, Receiving stolen property, Falsefy license plate plus enhancements; 13 day J/T; 3 day bifurcated court trial; sent. 25yrs-life; request for court appointed attorney included in appeal; copy to CCAP
01/12/2011 Notice to reporter to prepare transcript. Sent to ctrrs Michaelyn Mann, Lee Ann Allen, Connie Silva, Butch Hope, Latonya Baker, Seth Battle, Amanda Scott, Amanda Dunn, Miranda Crain & Sabrina Shafer on 1/6/11
01/21/2011 Appellant notified re: right to counsel. For applt Hughes, #1
01/21/2011 Court reporter extension granted. CSR: Baker, Latonya S. (12666) Extended Due Date: 02/24/20111st request (30 days)
01/21/2011 Court reporter extension granted. CSR: Silva, Connie (11460) Extended Due Date: 02/24/20111st request (30 days)
01/25/2011 Court reporter extension granted. CSR: Hope, Durward E (1619) Extended Due Date: 02/24/20111st eot request (30 days)
01/26/2011 Received fax informational copy of: 1st eot request (30 days) for Ct's by Sup. Crt Clerk Corey
01/27/2011 Filed declaration of: Superior Court, dated 1/25/11, requesting EOT regarding the C/Tx.
01/27/2011 County clerk extension granted. Clerk's 1st request for EOT of C/Tx.
03/04/2011 Record returned to county for corrections. CT vol 16 only; Tx is 407 pgs long, to be split into 2 vols. only original of in-camera rcvd, copies to be recovered and forwarded to 5DCA
03/15/2011 Received corrected transcript. corrected CT;
rec'd in-camera pg back from ccap and AG
03/15/2011 Record on appeal filed. C17/4461 pgs (vols 16& 17 confidential), R46/4212 pgs; ltr to counsel re aob due
03/15/2011 Confidential transcript received. pgs 3631-3635 of RT vol 17: in-camera hearing; original + 2 copies, in confidential file
03/15/2011 Sealed document filed ******* pgs 18-29 of CT vol 1, search warrent;
pgs 156-157 of CT vol 1, financial dec.;
pgs 566-585 of CT vol 3, in-camera docs from county counsel;
pgs 587-592 CT vol 3, subpoenaed docs;
pgs 698-712 of CT vol 3, order on ex parte application;
pgs 765-776 of CT vol 4, subpoenaed docs;
pgs 852-855 of CT vol 4, subpoenaed docs;
pgs 1013-1020 of CT vol 5, additional funding request;
pg 1836A of CT vol 7, subpoenaed docs;
pgs 2153A-2154 of CT vol 9, probation dept. memo;
pgs 2647A-2652 of CT vol 10, application for additional hours for investigator;
pgs 2676-2678 of CT vol 10, ex parte application order;
pgs 2679A-2686 of CT vol 10, ex parte motion;
pgs 2706A-2708 of CT vol 10, letter;
pgs 2709A-2728 of CT vol 10, motion/order for ex parte appointment;
pgs 2823A-2830 of CT vol 11, psych eval;
pgs 2831A-2853 of CT vol 11, neuropsych eval;
pgs 2854A-2877 of CT vol 11, neuropsych eval;
pgs 2892A-2926 of CT vol 11, lodged docs;
pgs 2827A-2948 of CT vol 11, psych eval;
pgs 2949A-2950 of CT vol 11, ex parte communication;
pgs 2961A-2974 of CT vol 11, PC 1027 eval;
pgs 3017A-3023 of CT vol 11, psych eval;
pgs 3062A-3065 of CT vol 12, psych eval addendum;
pgs 3179A-3180 of CT vol 12, ex parte communication;
pgs 3476A-3478 of CT vol 13, unredacted jury selection;
pgs 3499A-3501 of CT vol 13, letter;
pgs 3685A-3686 of CT vol 14, order;
pgs 3702A-3704 of CT vol 14, application and order;
pgs 3736A-3759 of CT vol 14, application and declarations;
pgs 3760A-3761 of CT vol 14, order;
pgs 3762A-3763 of CT vol 14, order;
pgs 3764-3765 of CT vol 14, order;
pgs 3766A-3767 of CT vol 14, order;
pgs 3768A-3769 of CT vol 14, order;
pgs 3770A-3772 of CT vol 14, order;
pgs 3773A-3775 of CT vol 14, 1368 eval;
pgs 3824A-3826 of CT vol 14, 368 eval;
pgs 4054A-45345, entire CT vol 16, ex parte communications;
pgs 4346A-4461, entire CT vol 17, ex parte communications;
(all in confidential file)
03/15/2011 Probation report filed. pgs 4002-4035 of CT vol 15, in confidential file
03/16/2011 Received corrected transcript. cover sheets for CT, with correct number of vols listed
03/16/2011 Appointment request for counsel filed. By applt Hughes
03/16/2011 Filed order appointing counsel (C.C.A.P. review). Defendant and Appellant: Bernard Charles Hughes
Attorney: Eileen Kotler AOB due w/in 30 days
04/15/2011 Requested - extension of time 1st request; PJ for review
04/18/2011 Granted - extension of time. 1st request; approved by PJ
06/06/2011 Filed letter from: Atty Kotler obo applt re: Record in this case contains unredacted juror information 14CT 3820, 3822 & 3823 (W&M)
06/09/2011 Order filed. The Clerk of Mariposa Co Superior Crt to prepare a redacted version of pages 3820, 3822 and 3823 of the txs as required by Code of Civil Procedure section 237; transmit redacted copies to counsel and this crt w/in 20 days; and submit to this crt a proof of service of the redacted copies to counsel.

Counsel for applt and respondent to (1) remove the unredacted originals of the pages from the clk;'s txs; (2) reinsert the redacted version in place of the originals; (3) send the originals and any copies to this court w/in 30 days; (4) destroy all notes made regarding the identity of the juror(s) and (5) not disclose the identity of the juror(s) to any person. The Crt Adm/Clk to seal the unredacted originals and treat them as being confidential (W3)
06/13/2011 Motion/application to augment record filed. Atty Kotler obo applt Hughes; All documents used to prove applt's prior convictions including People's Exhibits as described in paragraph 3(A)(1) as item Nos. I, II, III, IV, V, VI, VII, XIV, 94, 94a, XI, XI a, X, XII, XII a, b, c, d, e , f and XIII on page 3 & 4 of request; copy of People's Exhibits as described in paragraph 3(A)(2) as item Nos. 119, 120, 121 on page 4 of request; copy of People's Exhibits as described in paragraph 3(A)(2) as item Nos. 135A, 135B, 136A, 136B, 137A, 137B, 138A, 138B, 139A, 139B, 140A and 140B on page 5 of request; a copy of applt's Exhibits as described in paragraph 3(A)(4) as item Nos. M, M-1 on page 5 of request; rtx of 4/30/10, 5/3/10, 5/4/10, 5/6/10 (Jury Voir Dire); (W&M)
06/15/2011 Received: Redacted version of pages 3820, 3822 & 3823 of tx and POS of the redacted copies to counsel from Mariposa Superior Crt pursuant to crt's order filed on 6/9/11
06/15/2011 Received: Unredacted originals from Mariposa Superior Crt pursuant to crt's order filed on 6/9/11 (PLACED IN CONFIDENTIAL ENVELOPE)
06/15/2011 Received: Unredacted originals from AG's Office pursuant to crt's order filed on 6/9/11 (PLACED IN CONFIDENTIAL ENVELOPE)
06/22/2011 Augmentation granted. (See order.) As described in applt's "Request for Augmentation of Record..." filed on 6/13/11; augment record due w/in 30 days; rtx consisting of jury voir dire to be treated as confidential/seal and copies to counsel only; Superior Crt to redact all juror information; AOB due days after arf (W3)
06/27/2011 Received: Unredacted originals from atty Kotler pursuant to crt's order filed on 6/9/11 (PLACED IN CONFIDENTIAL ENVELOPE)
07/01/2011 Notice to reporter to prepare transcript. Sent to ctrrs Baker and Silva by Superior Court on 6/30/11
07/20/2011 Court reporter extension requested. Ctrr Silva for augmented record - due 7/22/11 (1st request, 30 days); to PJ for approval
07/21/2011 Court reporter extension granted.
Augmented record filed. Due on 08/22/2011 By 31 Day(s)
Ctrr Silva for augmented record to 8/22/11

(1st request, 30 days); approved by PJ
07/25/2011 Notice to reporter to prepare transcript. Sent to ctrrs Baker and Silva by Superior Court on 7/22/11
08/01/2011 Court reporter extension requested. Ctrr Baker for augmented record - due 7/22/11 (1st request, 30 days); to PJ for approval
08/03/2011 Court reporter extension granted.
Augmented record filed. Due on 08/22/2011 By 0 Day
(1st request, 30 days); for augmented record by ctrr Baker (approved by PJ)
09/07/2011 Augmented record filed. R4/919 pgs; Master Index; Exhibits I-VII; XIV, 94, 94a, XI, XIa, X, XII, XIIa, b, c, d, e, f, XIII; 119, 120, 121, 135A, 135B, 136A, 136B, 137A, 137B, 138A, 138B, 139A, 139B, 140A, 140B, M, M-1 pursuant to crt's order filed on 6/22/11; letter to parties re: augment record filed and AOB due w/in 30 days
10/07/2011 Requested - extension of time (2nd request); to PJ for approval
10/07/2011 Granted - extension of time. (2nd request); approved by PJ; NF time imposed
10/24/2011 Motion/application to augment record filed. Atty Kotler obo applt; CD's previously obtained by augmentation be converted to an mp3 or another common format; 30 day eot after augment record filed to file AOB (W&M)
11/17/2011 Augmentation granted. (See order.) Upon motion of applt, it is ordered that the record on appeal be augmented to include the supplemental clk's tx and rtx as described in applt's "Second Request to Augment Record on Appeal..." filed 10/24/11. Rtx of jury voir dire as described in item No(s). 4 on page of motion. Copies of People's Exhibits 137A, 139A and 140A converted to an mp3 or another common format as described in item No(s). 5 on page 3 of motion. Augment record due w/in 30 days. Superior Crt to redact all juror identifying information. AOB due 30 days after arf. (W3)
12/12/2011 Filed declaration of: Superior Court re: People's Exhibits 137A, 139A, 140A (as Atty Kotler was able to view exhibits; Superior Court will not be providing new copies of said exhibits)
12/22/2011 Court reporter extension requested. Ctrr Baker for augmented record (1st request, 30 days to 1/18/12); to PJ for approval
12/23/2011 Court reporter extension granted.
Augmented record filed. Due on 01/18/2012 By 30 Day(s)
Ctrr Baker for augmented record (1st request, 30 days); approved by PJ
01/18/2012 Augmented record filed. C1/6 pgs; Master Index pursuant to the crt's order filed on 11/17/11; letter to parties re: AOB due w/in 30 days (NOTE: Declaration filed by Superior Court on 12/12/11 re: Exhibits 137A, 139A, 140A (as Atty Kotler was able to view exhibits; Superior Court will not be providing new copies of exhibits)
02/22/2012 Appellant's opening brief. Defendant and Appellant: Bernard Charles Hughes
Attorney: Eileen Kotler (Filed pursuant to Rule 8.25; mailed on 2/17/12 by priority mail)
03/21/2012 Granted - extension of time.
Respondent's brief. Due on 04/23/2012 By 31 Day(s)
(1st request)
04/20/2012 Requested - extension of time
Respondent's brief. Requested for 05/23/2012 By 30 Day(s)
(2nd request); to PJ for approval
04/23/2012 Granted - extension of time.
Respondent's brief. Due on 05/23/2012 By 30 Day(s)
2nd request approved by PJ; nf imposed
05/21/2012 Respondent's brief. Plaintiff and Respondent: The People
Attorney: Peter H. Smith
06/11/2012 Appellant's reply brief filed. Defendant and Appellant: Bernard Charles Hughes
Attorney: Eileen Kotler
06/11/2012 Case fully briefed.
03/20/2013 Oral argument waiver notice sent. #1 May jai (e-mailed to all cnsl)
03/21/2013 Received fax informational copy of: ag Peter H. Smith CONDITIONAL WAIVER OR TELECONFERENCE 30 MINS. 916 324-5114
03/27/2013 Conditional waiver filed by: atty Kotler/applt Hughes CONDITIONAL WAIVER OR TELECONRENCE 15 MINS
05/16/2013 Argument waived, cause submitted. (JAI)
05/16/2013 Opinion filed. (Signed Unpublished) The sentence imposed for counts 2, 3, and 4 is ordered to be stayed pursuant to Penal Code section 654. In all other respects, the judgment is affirmed. The superior court is ordered to prepare an amended abstract of judgment and to transmit a copy of it to the appropriate authorities. Hill, Levy, Cornell (31 pages)
06/24/2013 Petition for review filed in Supreme Court. On 6/24/13 (S211574); file requested; rmi rescheduled
06/24/2013 Service copy of petition for review received. Atty Kotler obo applt Hughes (JAI)
06/24/2013 Record transmitted to Supreme Court. 16 doghouses
08/23/2013 Ext. by Supreme Court re: petition for review filed: The time for granting or denying review in the above-entitled matter is hereby extended to and including September 20, 2013, or the date upon which review is either granted or denied. (Each member of the court notified by e-mail)
09/13/2013 Petition for review denied in Supreme Court. On 9/11/13; each member of the court notified by e-mail
09/13/2013 Remittitur issued.
09/13/2013 Case complete.
09/19/2013 Record returned from Supreme Court. 16 of 16 doghouses
11/22/2016 Record in off-site storage. boxes 824734, 824735, 824736, 824737


Briefs

The People v. Hughes
Case Number F061613
Brief Due Date Date Filed Party and Attorney Notes
Filed order appointing counsel (C.C.A.P. review). 03/16/2011 Defendant and Appellant: Bernard Charles Hughes
Attorney: Eileen Kotler
AOB due w/in 30 days
Appellant's opening brief. 02/22/2012 Defendant and Appellant: Bernard Charles Hughes
Attorney: Eileen Kotler
(Filed pursuant to Rule 8.25; mailed on 2/17/12 by priority mail)
Respondent's brief. 05/21/2012 Plaintiff and Respondent: The People
Attorney: Peter H. Smith

Appellant's reply brief filed. 06/11/2012 Defendant and Appellant: Bernard Charles Hughes
Attorney: Eileen Kotler



Disposition

The People v. Hughes
Case Number F061613
Description:
Affirmed with modifications
Date:
05/16/2013
Disposition Type:
Final
The sentence imposed for counts 2, 3, and 4 is ordered to be stayed pursuant to Penal Code section 654. In all other respects, the judgment is affirmed. The superior court is ordered to prepare an amended abstract of judgment and to transmit a copy of it to the appropriate authorities. Hill, Levy, Cornell (31 pages)
Publication Status:
Signed Unpublished
Author:
Hill, Brad R.
Participants:
Cornell, Dennis A. (Concur)
Levy, Herbert I. (Concur)
Case Citation:
none


Trial Court

The People v. Hughes
Case Number F061613
Trial Court Name:
Mariposa County Superior Court
County:
Mariposa
Trial Court Case Number:
7045
Trial Court Judge:
Freeborn, Richard
Trial Court Judgment Date:
12/17/2010