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United States Court Cases

California Sixth Appellate District Record

The People v. Dapont

Parties and Attorneys

The People v. Dapont
Case Number H047903
Party Attorney
The People : Plaintiff and Respondent
Catherine G Tennant
Office of the Attorney General
1300 I Street
Sacramento, CA 95814

Office of the Attorney General
455 Golden Gate Avenue
Suite 11000
San Francisco, CA 94102

Jackson Arion Dapont : Defendant and Appellant
P.O. Box 2500
Susanville, CA 96130
Shannon Garcia Chase
P.O. Box 963
Port Hueneme, CA 93044

Sixth District Appellate Program : Overview party
Sixth District Appellate Program
95 S. Market Street, Suite 570
San Jose, CA 95113



Case Summary

Trial Court Case:
18CR02602
Court of Appeal Case:
H047903
Court of Appeal Opinion:
[ PDF ] [ DOCX ]
Caution: For information on when opinions may be cited or relied upon, click here .
Division:
Case Caption:
The People v. Dapont
Case Type:
CR
Filing Date:
01/21/2020
Completion Date:
05/25/2022
Oral Argument Date/Time:


Docket (Register of Actions)

The People v. Dapont
Case Number H047903
Date Description Notes
02/24/2020 Notice of appeal lodged/received (criminal). NOA filed 02/21/20
02/24/2020 Notice to reporter to prepare transcript. Filed 02/24/20
03/04/2020 Counsel appointment order filed. Atty Shannon Case
03/11/2020 Court reporter extension granted. CSR: O'Connor, Tanis Jeaneane (7553) Extended Due Date: 04/13/2020Per signed acknowledgment
07/22/2020 Clerk's transcript filed. C-2, R-3 (1 volume of CT confidential)
07/23/2020 Notice to reporter to prepare transcript. (aug notice to reporter)
07/28/2020 Augmented record filed. RT volume 1
07/28/2020 Record on appeal filed. Record Electronically Filed
07/28/2020 Letter sent to counsel re: Record filed. Appellant's opening brief due in 40 days.
09/09/2020 Default sent to court appointed counsel.
10/08/2020 Appellant's opening brief. Defendant and Appellant: Jackson Arion Dapont
Attorney: Shannon Garcia Chase
11/09/2020 Granted - extension of time. 1st
12/04/2020 Respondent's brief. Plaintiff and Respondent: The People
Attorney: Fon Chen
12/24/2020 Appellant's reply brief. Defendant and Appellant: Jackson Arion Dapont
Attorney: Shannon Garcia Chase
12/24/2020 Case fully briefed.
01/22/2021 Considered with case # H048735 - In re JACKSON ARION DAPONT on Habeas Corpus
03/02/2021 Original entry stricken - sequence no. not removed. March 2021
09/09/2021 Case on conference list. September 2021
11/09/2021 Letter sent to counsel re: Appellant argues that his defense counsel could have offered an alternative sentencing structure at his resentencing hearing as follows: a two-year term for unlawful access card activity (Pen. Code, § 1170, subd. (h)), a two-year term for the on-bail enhancement (id., § 12022.1), and a consecutive two-year term for burglary (id., § 461).

The court requests supplemental briefing from counsel on the following issues:

(1) Is appellant's proposed sentencing structure authorized under Penal Code section 1170.1, subdivision (a), which mandates that a subordinate term for a consecutive offense must consist of one-third of the middle term?

(2) If appellant's proposed sentencing structure is not authorized under Penal Code section 1170.1, subdivision (a), was his absence from the resentencing hearing harmless beyond a reasonable doubt, notwithstanding In re Mohammad (2019) 42 Cal.App.5th 719?

The court requests that appellant serve and file a supplemental brief limited to five pages on or before November 23, 2021. The People may serve and file a response limited to five pages within 14 days after appellant has served and filed his supplemental brief.
11/23/2021 Supplemental brief filed by: Defendant and Appellant: Jackson Arion Dapont
Attorney: Shannon Garcia Chase
11/29/2021 Change of contact information filed for: I recently moved and would like to inform the court of my new address:
Shannon Chase
Attorney at Law
P.O. Box 963
Port Hueneme, CA 93044
Thank you,
Shannon Chase
California Bar No. 166368
Attorney for Appellant
12/01/2021 Filed letter from: Deputy Attorney General Catherine Tennant Nieto is now counsel of record.
12/02/2021 Supplemental brief filed by: Plaintiff and Respondent: The People
Attorney: Catherine G Tennant
03/02/2022 Oral argument waiver notice sent.
03/15/2022 Argument waived by: (no response - 10 day notice)
03/15/2022 Submission order filed. The cause herein is ordered submitted.
03/24/2022 Opinion filed. (SIGNED UNPUBLISHED) DISPOSITION: The judgment is reversed and remanded for a new resentencing hearing at which Dapont is either present or has executed a written waiver of his right to be present.

(CCL, MJG, AMG)
05/25/2022 Remittitur issued.
05/25/2022 Case complete.


Briefs

The People v. Dapont
Case Number H047903
Brief Due Date Date Filed Party and Attorney Notes
Appellant's opening brief. 10/08/2020 Defendant and Appellant: Jackson Arion Dapont
Attorney: Shannon Garcia Chase

Respondent's brief. 12/04/2020 Plaintiff and Respondent: The People
Attorney: Fon Chen

Appellant's reply brief. 12/24/2020 Defendant and Appellant: Jackson Arion Dapont
Attorney: Shannon Garcia Chase

Supplemental brief filed by: 11/23/2021 Defendant and Appellant: Jackson Arion Dapont
Attorney: Shannon Garcia Chase

Supplemental brief filed by: 12/02/2021 Plaintiff and Respondent: The People
Attorney: Catherine G Tennant



Future Scheduled Actions

The People v. Dapont
Case Number H047903

No information found.



Disposition

The People v. Dapont
Case Number H047903
Description:
Reversed & Remanded to trial court w/directions
Date:
03/24/2022
Disposition Type:
Final
Publication Status:
Signed Unpublished
Author:
Lie, Cynthia C.
Participants:
Greenwood, Mary J. (Concur)
Danner, Allison M. (Concur)
Case Citation:
none


Trial Court

The People v. Dapont
Case Number H047903
Trial Court Name:
Santa Cruz County Superior Court
County:
Santa Cruz
Trial Court Case Number:
18CR02602
Trial Court Judge:
Siegel, Stephen
Trial Court Judgment Date:
01/03/2020