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)
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