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United States Court Cases

California First Appellate District Record

The People v. Khuu Division 5

Parties and Attorneys

The People v. Khuu
Division 5
Case Number A108442
Party Attorney
The People : Plaintiff and Respondent
Christopher J. Office of the Attorney General
455 Golden Gate Avenue - Suite 1100
San Francisco, CA 94102

Contact Name: Office of the Attorney General

Hoa Trung Khuu : Defendant and Appellant
San Quentin State Prison
San Quentin, CA 94974
First District Appellate Project
730 Harrison Street - Suite 201
San Francisco, CA 94107

Catherine Elizabeth White
19 Embarcadero Cove
Oakland, CA 94606



Case Summary

Trial Court Case:
SC056446
Court of Appeal Case:
A108442
Supreme Court Case:
S143098
Division:
5
Case Caption:
The People v. Khuu
Case Type:
CR
Filing Date:
11/19/2004
Completion Date:
06/21/2006
Oral Argument Date/Time:


Docket (Register of Actions)

The People v. Khuu
Division 5
Case Number A108442
Date Description Notes
11/29/2004 Notice of appeal lodged/received (criminal).
12/22/2004 Counsel appointment order filed. Catherine White app'd counsel for aplt, Khuu/indep/40 days.
01/24/2005 Notice of record completion received.
01/24/2005 Record on appeal filed. c-1-r-3
01/24/2005 Probation report filed. (1)
03/04/2005 32.1 letter received from: Atty White requesting RT of proceedings held 8-30-04 and PeoplesExhibits 29 and 30.
03/04/2005 Requested - extension of time.
Appellant's opening brief. Requested for 04/04/2005 By 28 Day(s)
Attorney: White, Catherine Party: Khuu, Hoa
03/07/2005 Granted - extension of time.
Appellant's opening brief. Due on 04/04/2005 By 28 Day(s)
Attorney: White, Catherine Party: Khuu, Hoa
03/23/2005 Filed augmented record pursuant to rule 32.1. One vol. of supplemental CT containing Copies of People's Exhibits#s 29 and 30, plus the RT for 8-30-04.
03/23/2005 Letter sent to counsel re: filing of the augment as requested pursuant to CRC rule 32.1 on3-4-05.
04/04/2005 Requested - extension of time.
Appellant's opening brief. Requested for 05/04/2005 By 30 Day(s)
Attorney: White, Catherine Party: Khuu, Hoa
04/05/2005 Granted - extension of time.
Appellant's opening brief. Due on 05/03/2005 By 29 Day(s)
Attorney: White, Catherine Party: Khuu, HoaReq. for extension of time granted to 5/3/05
05/06/2005 Default sent to court appointed counsel.
06/03/2005 Requested - extension of time.
Appellant's opening brief. Requested for 07/05/2005 By 29 Day(s)
Attorney: White, Catherine Party: Khuu, Hoa
06/06/2005 32.1 letter received from: Atty White for aplt. People's Exh. 31
06/07/2005 Granted - extension of time.
Appellant's opening brief. Due on 07/05/2005 By 29 Day(s)
Attorney: White, Catherine Party: Khuu, Hoa
06/30/2005 Requested - extension of time.
Appellant's opening brief. Requested for 08/04/2005 By 30 Day(s)
Attorney: White, Catherine Party: Khuu, Hoa
07/01/2005 Granted - extension of time.
Appellant's opening brief. Due on 08/04/2005 By 30 Day(s)
Attorney: White, Catherine Party: Khuu, Hoa
07/08/2005 Voice Mail message for: trial court/status of augment to the record.
07/11/2005 Filed augmented record pursuant to rule 32.1. Peoples Exhibit 31.
07/11/2005 Letter sent to counsel re: completion of Augment requested per CRC rule 32.1.
08/02/2005 Change of address filed for: Catherine Elizabeth White (Old address) 2088 Union Street - Suite #3 San Francisco CA 94123
08/03/2005 Requested - extension of time.
Appellant's opening brief. Requested for 09/06/2005 By 33 Day(s)
Attorney: White, Catherine Party: Khuu, Hoa
08/04/2005 Granted - extension of time.
Appellant's opening brief. Due on 08/29/2005 By 25 Day(s)
Attorney: White, Catherine Party: Khuu, HoaExtension of time granted to Aug. 29, 2005, *****NO FURTHEREXTENSION TO BE GRANED.*********
08/30/2005 Appellant's opening brief. Defendant and Appellant: Hoa Trung Khuu
Attorney: Catherine Elizabeth White Attorney: White, Catherine Party: Khuu, Hoa 3/7/05, 4/4/05*****NO FURTHER EXTENSIONS.*******
09/22/2005 Requested - extension of time.
Respondent's brief. Requested for 10/31/2005 By 32 Day(s)
Attorney: Office of the Attorney General Party: The People
09/27/2005 Granted - extension of time.
Respondent's brief. Due on 10/28/2005 By 29 Day(s)
Attorney: Office of the Attorney General Party: The People
10/24/2005 Requested - extension of time.
Respondent's brief. Requested for 11/28/2005 By 31 Day(s)
Attorney: Office of the Attorney General Party: The People
10/26/2005 Granted - extension of time.
Respondent's brief. Due on 11/28/2005 By 31 Day(s)
Attorney: Office of the Attorney General Party: The People
11/29/2005 Respondent notified pursuant to rule 17(a)(2).
12/06/2005 Respondent's brief. Plaintiff and Respondent: The People
Attorney: Christopher J. Office of the Attorney General Attorney: Office of the Attorney General Party: The People
12/06/2005 Brief available in electronic format. Plaintiff and Respondent: The People
Attorney: Christopher J. Office of the Attorney General Attorney: Wei, Christopher Party: The People.pdf file
01/05/2006 Appellant's reply brief. Defendant and Appellant: Hoa Trung Khuu
Attorney: Catherine Elizabeth White Attorney: White, Catherine Party: Khuu, Hoapermission to file late is granted.
01/05/2006 Case fully briefed.
01/20/2006 Oral argument waiver notice sent.
02/02/2006 Argument waived by: (no response - 10 day notice)
02/07/2006 Record to court for review.
02/07/2006 Record to court for review.
03/30/2006 Submission order filed.
03/30/2006 Opinion filed. The judgment is affirmed. T. Reardon, Justice Pro Tem.
05/02/2006 Service copy of petition for review received.
05/08/2006 Record transmitted to Supreme Court.
06/15/2006 Petition for review denied in Supreme Court. Petition for review denied without prejudice to any relief to which defendant might be entitled after the United States Supreme Court determines in Cunningham v. California, No. 05-6551, the effect of Blakely v. Washington (2004) 542 U.S. 296 and United States v. Booker (2005) 543 U.S. 220, on California law.
06/21/2006 Remittitur issued.
06/21/2006 Case complete.
11/15/2007 Shipped to state retention center, box # / list #: L252


Briefs

The People v. Khuu
Division 5
Case Number A108442
Brief Due Date Date Filed Party and Attorney Notes
Appellant's opening brief. 08/30/2005 Defendant and Appellant: Hoa Trung Khuu
Attorney: Catherine Elizabeth White
Attorney: White, Catherine Party: Khuu, Hoa 3/7/05, 4/4/05
*****NO FURTHER EXTENSIONS.*******
Respondent's brief. 12/06/2005 Plaintiff and Respondent: The People
Attorney: Christopher J. Office of the Attorney General
Attorney: Office of the Attorney General
Party: The People
Brief available in electronic format. 12/06/2005 Plaintiff and Respondent: The People
Attorney: Christopher J. Office of the Attorney General
Attorney: Wei, Christopher
Party: The People
.pdf file
Appellant's reply brief. 01/05/2006 Defendant and Appellant: Hoa Trung Khuu
Attorney: Catherine Elizabeth White
Attorney: White, Catherine Party: Khuu, Hoa
permission to file late is granted.


Future Scheduled Actions

The People v. Khuu
Division 5
Case Number A108442

No information found.



Disposition

The People v. Khuu
Division 5
Case Number A108442
Description:
Affirmed in full
Date:
03/30/2006
Disposition Type:
Final
The judgment is affirmed. T. Reardon, Justice Pro Tem.
Publication Status:
Signed Unpublished
Author:
Simons, Mark B.
Participants:
Justice, Assigned (Concur)
Jones, Barbara J. R. (Concur)
Case Citation:
none


Trial Court

The People v. Khuu
Division 5
Case Number A108442
Trial Court Name:
San Mateo County Superior Court - Main (Redwood City)
County:
San Mateo
Trial Court Case Number:
SC056446
Trial Court Judge:
Schwartz, John
Trial Court Judgment Date:
11/18/2004