Parties and Attorneys
The People v. Bell
Division 1
Division 1
Case Number A134249
| 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: Ronald Niver |
| Walter Bell : Defendant and Appellant Duel Vocational Institution P.O. Box 600 west wing cell 113-L Tracy, CA 95370 | First District Appellate Project 730 Harrison Street - Suite 201 San Francisco, CA 94107 Mary Elizabeth Pougiales 448 Ignacio Blvd, #191 Novato, CA 94949-6169 |
Case Summary
Trial Court Case:
51112978
Court of Appeal Case:
A134249
Supreme Court Case:
S209203
Caution: For information on when opinions may be cited or relied upon, click here .
Division:
1
Case Caption:
The People v. Bell
Case Type:
CR
Filing Date:
12/19/2011
Completion Date:
05/02/2013
Oral Argument Date/Time:
Docket (Register of Actions)
The People v. Bell
Division 1
Division 1
Case Number A134249
| Date | Description | Notes |
|---|---|---|
| 01/12/2012 | Notice of appeal lodged/received (criminal). | |
| 01/26/2012 | Counsel appointment order filed. | MARY E. POUGIALES (ASSISTED/55 DAYS) |
| 02/29/2012 | Notice of record completion received. | |
| 03/08/2012 | Record on appeal filed. | c-1 r-1 PO Report |
| 05/03/2012 | Default sent to court appointed counsel. | Defendant and Appellant: Walter Bell Attorney: Mary Elizabeth Pougiales |
| 05/24/2012 | Appellant's opening brief. | Defendant and Appellant: Walter Bell Attorney: Mary Elizabeth Pougiales |
| 06/26/2012 | Respondent notified re failure to file respondent's brief. | Plaintiff and Respondent: The People Attorney: Office of the Attorney General |
| 07/26/2012 | Requested - extension of time. | Respondent's brief. Requested for 08/25/2012 By 30 Day(s) |
| 07/26/2012 | Granted - extension of time. | Respondent's brief. Due on 08/25/2012 By 30 Day(s) |
| 08/24/2012 | Respondent's brief. | Plaintiff and Respondent: The People Attorney: Office of the Attorney General |
| 08/31/2012 | Appellant's reply brief. | Defendant and Appellant: Walter Bell Attorney: Mary Elizabeth Pougiales |
| 08/31/2012 | Case fully briefed. | |
| 09/06/2012 | Record to court for review. | |
| 09/06/2012 | Case on conference list. | 12-19 |
| 09/06/2012 | Oral argument waiver notice sent. | |
| 09/19/2012 | Argument waived by: (no response - 10 day notice) | |
| 12/31/2012 | Filed additional cites for oral argument. | Appellant |
| 02/08/2013 | Submission order filed. | |
| 02/08/2013 | Opinion filed. | (Signed Unpublished)Affirmed |
| 02/19/2013 | Rehearing petition filed. | appellant |
| 02/22/2013 | Order denying rehearing petition filed. | ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] BY THE COURT: It is ordered that the nonpublished opinion filed herein on February 8, 2013, be modified as follows: Replace the first sentence of the first paragraph of page 9 with the following: Although Officer Scott may well have subjectively intended initially only to issue a citation, that fact does not render the patsearch illegal. The United States Supreme Court has long held the officer's subjective intent is not controlling if the action he takes is otherwise objectively reasonable. (Whren v. United States (1996) 517 U.S. 806, 813; Scott v. United States (1978) 436 U.S. 128, 138.) The officers here had probable cause to believe defendant had been drinking an alcoholic beverage from an open container in public in violation of the Pittsburg Municipal Code. In light of all of the circumstances, they did not violate the Fourth Amendment by taking defendant into custody for that offense, even if only temporarily, for the purpose of frisking him to ensure he did not have any concealed weapons on his person which he could use against them while they completed their investigation and eventually issued a citation. This modification does not change the judgment. The petition for rehearing is denied. |
| 03/13/2013 | Service copy of petition for review received. | |
| 03/14/2013 | Record transmitted to Supreme Court. | |
| 05/01/2013 | Petition for review denied in Supreme Court. | |
| 05/02/2013 | Remittitur issued. | |
| 05/02/2013 | Case complete. | |
| 01/16/2014 | Shipped to state retention center, box # / list #: | L342 |
Briefs
The People v. Bell
Division 1
Division 1
Case Number A134249
| Brief | Due Date | Date Filed | Party and Attorney | Notes |
|---|---|---|---|---|
| Default sent to court appointed counsel. | 05/03/2012 | Defendant and Appellant: Walter Bell Attorney: Mary Elizabeth Pougiales | | |
| Appellant's opening brief. | 05/24/2012 | Defendant and Appellant: Walter Bell Attorney: Mary Elizabeth Pougiales | | |
| Respondent notified re failure to file respondent's brief. | 06/26/2012 | Plaintiff and Respondent: The People Attorney: Office of the Attorney General | | |
| Respondent's brief. | 08/24/2012 | Plaintiff and Respondent: The People Attorney: Office of the Attorney General | | |
| Appellant's reply brief. | 08/31/2012 | Defendant and Appellant: Walter Bell Attorney: Mary Elizabeth Pougiales | |
Future Scheduled Actions
The People v. Bell
Division 1
Division 1
Case Number A134249
| Description | Due Date | Notes |
|---|---|---|
| Record returned from Supreme Court. | 05/13/2013 |
Disposition
The People v. Bell
Division 1
Division 1
Case Number A134249
Description:
Affirmed in full
Date:
02/08/2013
Disposition Type:
Final
Publication Status:
Signed Unpublished
Author:
Marchiano, James J.
Participants:
Dondero, Robert L. (Concur)
Margulies, Sandra Lynn (Concur)
Margulies, Sandra Lynn (Concur)
Case Citation:
none
Trial Court
The People v. Bell
Division 1
Division 1
Case Number A134249
Trial Court Name:
Contra Costa County Superior Court - Main
County:
Contra Costa
Trial Court Case Number:
51112978
Trial Court Judge:
Flinn, David
Trial Court Judgment Date:
12/09/2011