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United States Court Cases

California First Appellate District Record

The People v. Shelly Division 4

Parties and Attorneys

The People v. Shelly
Division 4
Case Number A129442
Party Attorney
The People : Plaintiff and Respondent
 Office of the Attorney General
455 Golden Gate Avenue - Suite 11000
San Francisco, CA 94102-7004

Contact Name: Eric D. Share

Robert Charles Shelly : Defendant and Appellant
Deuel Vocational Institution
P.O. Box 400
Tracy, CA 95378-0004 		First District Appellate Project
730 Harrison Street - Suite 201
San Francisco, CA 94107

David S. Krueger
3359 18th Street
Eureka, CA 95501-2773



Case Summary

Trial Court Case:
FCR230617
Court of Appeal Case:
A129442
Division:
4
Case Caption:
The People v. Shelly
Case Type:
CR
Filing Date:
08/16/2010
Completion Date:
09/28/2011
Oral Argument Date/Time:


Docket (Register of Actions)

The People v. Shelly
Division 4
Case Number A129442
Date Description Notes
08/23/2010 Notice of appeal lodged/received (criminal).
09/08/2010 Counsel appointment order filed. David Krueger
Independent
40 days
10/07/2010 Notice of record completion received.
10/10/2010 Record on appeal filed. c-1 r-1
c-1 (confidential)
10/21/2010 Requested - extension of time.
Appellant's opening brief. Requested for 12/20/2010 By 31 Day(s)
10/21/2010 Granted - extension of time.
Appellant's opening brief. Due on 12/20/2010 By 31 Day(s)
12/22/2010 Default sent to court appointed counsel. Defendant and Appellant: Robert Charles Shelly
Attorney: David S. Krueger
01/21/2011 Requested - extension of time.
Appellant's opening brief. Requested for 02/22/2011 By 135 Day(s)
01/25/2011 Granted - extension of time.
Appellant's opening brief. Due on 02/22/2011 By 135 Day(s)
02/25/2011 Requested - extension of time.
Appellant's opening brief. Requested for 03/24/2011 By 30 Day(s)
02/25/2011 Granted - extension of time.
Appellant's opening brief. Due on 03/24/2011 By 165 Day(s)
03/21/2011 Requested - extension of time.
Appellant's opening brief. Requested for 04/25/2011 By 32 Day(s)
03/22/2011 Granted - extension of time.
Appellant's opening brief. Due on 04/25/2011 By 197 Day(s)
no further eot contemplated;
05/02/2011 Application filed to: for permission to file aob;
05/03/2011 Order filed. The application filed on May 2, 2011 by appellant for permission to file his opening brief, which was due on April 25, 2011, is granted.

The clerk of this court is directed to concurrently file this order and the proffered brief.

Subject to further order of this court, the respondent's brief is due within 30 days, namely on or before June 2, 2011.
05/03/2011 Appellant's opening brief. Defendant and Appellant: Robert Charles Shelly
Attorney: David S. Krueger
06/07/2011 Respondent notified re failure to file respondent's brief. Plaintiff and Respondent: The People
Attorney: Office of the Attorney General
06/08/2011 Respondent's brief. Plaintiff and Respondent: The People
06/15/2011 Appellant's reply brief. Defendant and Appellant: Robert Charles Shelly & request for immediate issuance of opinion;
06/15/2011 Case fully briefed.
06/28/2011 Record to court for review.
06/28/2011 Case on conference list.
06/28/2011 Oral argument waiver notice sent.
07/11/2011 Oral argument deemed waived. Deadline to file request was 7/8/11
07/27/2011 Submission order filed.
07/27/2011 Opinion filed. (Signed Unpublished) The judgment is modified by striking the $400 restitution fine imposed by the trial court, leaving in force the $200 restitution fine originally imposed under section 1202.4, subdivision (b), and reducing to $200 the parole revocation fine under section 1202.45. The trial court is directed to prepare an amended abstract of judgment in accordance with this disposition and deliver it to the Department of Corrections.
09/28/2011 Remittitur issued.
09/28/2011 Case complete.
09/28/2011 Certified copy of opinion sent to: Dept. of Corrections with remittitur;


Briefs

The People v. Shelly
Division 4
Case Number A129442
Brief Due Date Date Filed Party and Attorney Notes
Default sent to court appointed counsel. 12/22/2010 Defendant and Appellant: Robert Charles Shelly
Attorney: David S. Krueger
Appellant's opening brief. 05/03/2011 Defendant and Appellant: Robert Charles Shelly
Attorney: David S. Krueger
Respondent notified re failure to file respondent's brief. 06/07/2011 Plaintiff and Respondent: The People
Attorney: Office of the Attorney General
Respondent's brief. 06/08/2011 Plaintiff and Respondent: The People
Appellant's reply brief. 06/15/2011 Defendant and Appellant: Robert Charles Shelly & request for immediate issuance of opinion;


Future Scheduled Actions

The People v. Shelly
Division 4
Case Number A129442

No information found.



Disposition

The People v. Shelly
Division 4
Case Number A129442
Description:
Affirmed with modifications
Date:
07/27/2011
Disposition Type:
Final
The judgment is modified by striking the $400 restitution fine imposed by the trial court, leaving in force the $200 restitution fine originally imposed under section 1202.4, subdivision (b), and reducing to $200 the parole revocation fine under section 1202.45. The trial court is directed to prepare an amended abstract of judgment in accordance with this disposition and deliver it to the Department of Corrections.
Publication Status:
Signed Unpublished
Author:
Ruvolo, Ignazio J.
Participants:
Rivera, Maria P. (Concur)
Sepulveda, Patricia K. (Concur)
Case Citation:
none


Trial Court

The People v. Shelly
Division 4
Case Number A129442
Trial Court Name:
Solano County Superior Court - Main
County:
Solano
Trial Court Case Number:
FCR230617
Trial Court Judge:
Moelk, James
Trial Court Judgment Date:
08/12/2010