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United States Court Cases

California Fifth Appellate District Record

The People v. Perry

Parties and Attorneys

The People v. Perry
Case Number F055978
Party Attorney
The People : Plaintiff and Respondent
Office of the Attorney General
P. O. Box 944255
Sacramento, CA 94244

Marcell Lavell Perry : Defendant and Appellant
California Substance Abuse Treatment Fac
P. O. Box 7100
Corcoran, CA 93212
Laurie Suzanne Wilmore
80 Cabrillo Hwy N.
PMB #219, Suite Q
Half Moon Bay, CA 94019



Case Summary

Trial Court Case:
F06903906-6 F07905588
Court of Appeal Case:
F055978
Division:
Case Caption:
The People v. Perry
Case Type:
CR
Filing Date:
08/25/2008
Completion Date:
01/26/2009
Oral Argument Date/Time:


Docket (Register of Actions)

The People v. Perry
Case Number F055978
Date Description Notes
08/28/2008 Notice of appeal lodged/received (criminal). As to Superior Court case #F07905588; guilty plea; spousal abuse with priors; 5 years, 8 mos; request for appointment of counsel in notice of appeal; copy to CCAP
08/28/2008 Notice of appeal lodged/received (criminal). As to Superior Court case #F06903906-6; guilty plea; possession of a controlled substance; 5 years, 8 months; request for appointment of counsel in notice of appeal; copy to CCAP
08/28/2008 Note: Per Fresno County Superior Court, sending only one record for notice of appeal filed 08/25/08 for case #'s F07905588 and F06903906-6
09/05/2008 Appellant notified re: right to counsel. to applt Perry #1
09/22/2008 Record on appeal filed. C1:183 pgs; R5:127 pgs; 1 master index; ltr to all parties re aob due in 40 days
09/22/2008 Probation report filed. 1 conf. envelope
10/01/2008 Appointment request for counsel filed. by applt Perry
10/01/2008 Filed order appointing counsel (C.C.A.P. review). Defendant and Appellant: Marcell Lavell Perry
Attorney: Laurie Suzanne Wilmore aob due in 30 days
10/28/2008 Received copy of document filed in trial court ltr from Atty Wilmore obo applt Perry re: custody credits.
10/28/2008 Received copy of document filed in trial court ltr from Atty Wilmore obo applt Perry correcting previous ltr req custody credit corrections as to service on DDA Kelly
10/28/2008 Granted - extension of time. 1st req
11/17/2008 Change of address filed for: per CCAP applt Perry now at California Substance Abuse Facility; address screen updated
11/18/2008 Requested - extension of time
11/19/2008 Granted - extension of time. No further time absent proof of exceptional circumstances.
12/02/2008 Motion/application to augment record filed. by AttyWilmore obo applt; req people's exhibits 1 - 4 W&M
12/04/2008 Augmentation granted. (See order.) ...Clerk of the Fresno Co Sup crt directed to cause the material to be prepared/certifed & to transmit the same to this crt & to csl on or before 30 days from the date of this order:

1) people's exhs 1 2 3 & 4.

Time to file AOB extended to & including 30 days from the date of this order.
12/19/2008 Augmented record filed. purs to aug order filed 12/4/08; C1/15 pgs; ltr sent re: aug record filed & AOB due w/n 30 days
01/16/2009 Granted - extension of time. 1st request of EOT for AOB.
01/21/2009 Record omission letter received. by Atty Wilmore obo applt (dated 1/13/09); req amended abstract of judgment filed 12/16/08; AOB due w/n 30 days
01/21/2009 Filed augmented record pursuant to rule 8.340. purs to ltr rec'd 1/21 (dated 1/13); C1/3 pgs; ltr sent re: suppl/aug record filed & AOB due w/n 30 days
01/21/2009 Appellant's opening brief. Defendant and Appellant: Marcell Lavell Perry
Attorney: Laurie Suzanne Wilmore
01/23/2009 Request for dismissal filed. &/or Abandonment; by Atty Wilmore obo applt
01/26/2009 Dismissal order filed. RMI to issue forthwith purs to CRC rule 8.316(b)(2)
01/26/2009 Remittitur issued.
01/26/2009 Case complete.
10/30/2013 Record in off-site storage. 748661


Briefs

The People v. Perry
Case Number F055978
Brief Due Date Date Filed Party and Attorney Notes
Filed order appointing counsel (C.C.A.P. review). 10/01/2008 Defendant and Appellant: Marcell Lavell Perry
Attorney: Laurie Suzanne Wilmore
aob due in 30 days
Appellant's opening brief. 01/21/2009 Defendant and Appellant: Marcell Lavell Perry
Attorney: Laurie Suzanne Wilmore



Disposition

The People v. Perry
Case Number F055978
Description:
Voluntary dismissal
Date:
01/26/2009
Disposition Type:
Final
Publication Status:
Author:
Participants:
Case Citation:
none


Trial Court

The People v. Perry
Case Number F055978
Trial Court Name:
Fresno County Superior Court - Main
County:
Fresno
Trial Court Case Number:
F07905588
Trial Court Judge:
Bird, Jeffery
Trial Court Judgment Date:
07/08/2008
Trial Court Name:
Fresno County Superior Court - Main
County:
Fresno
Trial Court Case Number:
F06903906-6
Trial Court Judge:
Bird, Jeffery
Trial Court Judgment Date:
07/08/2008