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
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)
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)
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