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United States Court Cases

California First Appellate District Record

The People v. Bell Division 1

Parties and Attorneys

The People v. Bell
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
Court of Appeal Opinion:
[ PDF ] [ DOC ]
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
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
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
Case Number A134249
Description Due Date Notes
Record returned from Supreme Court. 05/13/2013


Disposition

The People v. Bell
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)
Case Citation:
none


Trial Court

The People v. Bell
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