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United States Court Cases

California Fourth Appellate District Division 2 Record

The People v. Wilbert Frank

Parties and Attorneys

The People v. Wilbert Frank
Case Number E049785
Party Attorney
The People : Plaintiff and Respondent
Heidi Teresa Salerno
Office of the State Attorney General
P.O. Box 85266
San Diego, CA 92186-5266

Wilbert Frank : Defendant and Appellant
P.O. Box 1271
92593, CA 92101-2396
Marianne Cox-Harguindeguy
1666 Garnet Avenue
PMB 520
San Diego, CA 92109



Case Summary

Trial Court Case:
SWF027355
Court of Appeal Case:
E049785
Supreme Court Case:
S194840
Division:
Case Caption:
The People v. Wilbert Frank
Case Type:
CR
Filing Date:
11/19/2009
Completion Date:
09/01/2011


Docket (Register of Actions)

The People v. Wilbert Frank
Case Number E049785
Date Description Notes
12/10/2009 Notice of appeal lodged/received (criminal). Dtd 11/30/09; Wilbert Frank
12/10/2009 Notice to reporter to prepare transcript. Dtd 11/20/09; CSR Jevne, Fagan, Bassett, Frazier
12/10/2009 Telephone conversation with: Merrilyn-Riv appeals; Ntc of appeal should have been filed as of 11/19/09 (date when appeal was rcvd in appeals division) and not 11/30/09 (date when judge signed probable cause.)
12/18/2009 Notice of appeal lodged/received (criminal). Dtd 11/19/09; Wilbert Frank (File date corrected by superior crt from 11/30/09 to 11/19/09.)
02/18/2010 Record on appeal filed. C-1, R-1 & rec'd sealed p.o. report.
03/24/2010 Appointment request for counsel received. For appltn Frank. proposed CAO attached.
03/24/2010 To court. rqst for appt of counsel
03/26/2010 Counsel appointment order filed. Atty Marianne Cox-Harguindeguy for applnt. Time to file AOB ext to May 5, 2010.
05/03/2010 Motion/application to augment record filed. & rqst for ext to file AOB
05/07/2010 "No Opposition" by A.G. re motion to aug. filed.
05/07/2010 To court. Mtn to agmnt & rqst for ext to file AOB w/AG's non-oppo
05/11/2010 Augmentation granted. (See order.) rec due 45 days, AOB due 30 days therafter w/no further extns.
06/25/2010 Augmented record filed. C-1, R-1, 1-index to sealed RTs, 2 sealed RTs 08/04/09 & 08/05/09 purs to order of 05/11/10.
06/25/2010 To court. 2 sealed RTs dtd 08/04/09 & 08/05/09 for review
06/29/2010 To presiding justice for signature. proposed order
07/01/2010 Order filed. The clk of this crt directed to send in a sealed envelope marked "confidential" copies of the augmented rptr's trans dtd Aug 4 and 5, 2009 to cnsl for applnt only. If applnt refers to either trans, applnt req to notify clk of this crt by ltr filed w/AOB, so that a copy or copies may be sent to resp's cnsl.
07/01/2010 Note: copies of sealed rtpr's trans dtd Aug 4 & Aug 5, 2009 sent to applnt's counsel via ups
07/22/2010 Granted - extension of time.
Appellant's opening brief. Due on 08/25/2010 By 30 Day(s)
08/23/2010 Requested - extension of time
Appellant's opening brief. Requested for 09/24/2010 By 30 Day(s)
08/23/2010 Granted - extension of time.
Appellant's opening brief. Due on 09/24/2010 By 30 Day(s)
w/no further extns.
09/29/2010 Appellant notified re failure to timely file opening brief. Defendant and Appellant: Wilbert Frank
Attorney: Marianne Cox-Harguindeguy
10/26/2010 Appellant's opening brief. Defendant and Appellant: Wilbert Frank
Attorney: Marianne Cox-Harguindeguy
10/28/2010 Received: amended proof of svc for AOB to include correct address for DA
11/23/2010 Respondent's brief. Plaintiff and Respondent: The People
Attorney: Heidi Teresa Salerno
12/09/2010 Appellant's reply brief. Defendant and Appellant: Wilbert Frank
Attorney: Marianne Cox-Harguindeguy
12/09/2010 Case fully briefed.
01/05/2011 Case briefed and on assignment panel.
03/30/2011 Issued tentative opinion or disputed issued memo
04/08/2011 Request for oral argument filed by: counsel for applnt.
05/04/2011 Calendar notice sent. Calendar date: June 7, 2011 @ 8:30 a.m.
06/07/2011 Cause argued and submitted.
06/14/2011 Opinion filed. (Signed Unpublished)
07/18/2011 Service copy of petition for review received. By counsel for applnt.
07/18/2011 Record transmitted to Supreme Court. 1 vol S194840
08/30/2011 Record returned from Supreme Court. 1 vol
09/01/2011 Petition for review denied in Supreme Court. dtd Aug 24, 2011; S194840
09/01/2011 Remittitur issued.
09/01/2011 Case complete.
07/10/2013 Case in basement storage. List 16, Box 99
01/08/2014 Shipped to state retention center, box # / list #: SRC#1111714


Briefs

The People v. Wilbert Frank
Case Number E049785
Brief Due Date Date Filed Party and Attorney Notes
Appellant notified re failure to timely file opening brief. 09/29/2010 Defendant and Appellant: Wilbert Frank
Attorney: Marianne Cox-Harguindeguy

Appellant's opening brief. 10/26/2010 Defendant and Appellant: Wilbert Frank
Attorney: Marianne Cox-Harguindeguy

Respondent's brief. 11/23/2010 Plaintiff and Respondent: The People
Attorney: Heidi Teresa Salerno

Appellant's reply brief. 12/09/2010 Defendant and Appellant: Wilbert Frank
Attorney: Marianne Cox-Harguindeguy



Future Scheduled Actions

The People v. Wilbert Frank
Case Number E049785

No information found.



Disposition

The People v. Wilbert Frank
Case Number E049785
Description:
Affirmed in full
Date:
06/14/2011
Disposition Type:
Final
Publication Status:
Signed Unpublished
Author:
Miller, Douglas P.
Participants:
Codrington, Carol D. (Concur)
Ramirez, Manuel A. (Concur)
Case Citation:
none


Trial Court

The People v. Wilbert Frank
Case Number E049785
Trial Court Name:
Riverside County Superior Court
County:
Riverside
Trial Court Case Number:
SWF027355
Trial Court Judge:
Wojcik, Albert
Trial Court Judgment Date:
11/13/2009