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United States Court Cases

California First Appellate District Record

The People v. Montenegro Division 1

Parties and Attorneys

The People v. Montenegro
Division 1
Case Number A151646
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: Gregg E. Zywicke

Frank Joseph Montenegro : Defendant and Appellant
San Quentin State Prison
San Quentin, CA 94974 		First District Appellate Project
First District Appellate Project
475 Fourteenth Street, Suite 650
Oakland, CA 94612

Patrick McKenna
P.O. Box 724
Hollister, CA 95024



Case Summary

Trial Court Case:
H58636
Court of Appeal Case:
A151646
Supreme Court Case:
S258921
Court of Appeal Opinion:
[ PDF ] [ DOCX ]
Caution: For information on when opinions may be cited or relied upon, click here .
Division:
1
Case Caption:
The People v. Montenegro
Case Type:
CR
Filing Date:
06/13/2017
Completion Date:
12/20/2019
Oral Argument Date/Time:


Docket (Register of Actions)

The People v. Montenegro
Division 1
Case Number A151646
Date Description Notes
06/26/2017 Notice of appeal lodged/received (criminal).
07/20/2017 Court reporter extension requested. Sherree Franich Young, CSR# 3657 to 09/03/2017.
07/25/2017 Court reporter extension granted. Sherree Franich Young, CSR# 3657 to 09/03/2017.
07/26/2017 Counsel appointment order filed. Patrick McKenna (ind)
10/10/2017 Record on appeal filed. CT-2, RT-11 + 4 vol prelim hearing (BOXED)
Sealed: pages 9-30, 86-98, 116-132 and 230-245
10/10/2017 Probation report filed.
10/10/2017 Marsden transcript filed.
10/10/2017 Marsden transcript sent. 1 copy sent to attorney Patrick McKenna in Santa Clara
11/20/2017 Requested - extension of time.
Appellant's opening brief. Requested for 12/20/2017 By 30 Day(s)
Request to 12/20/2017, 30 days
11/21/2017 Granted - extension of time.
Appellant's opening brief. Due on 12/20/2017 By 30 Day(s)
12/20/2017 Change of contact information filed for: Patrick McKenna
old address 1: P.O. Box 1130
new address 1: 522 Segovia Drive
old city: Santa Clara
new city: Hollister
old zip: 95052
new zip: 95023
12/20/2017 Record omission letter received.
12/20/2017 Requested - extension of time.
Appellant's opening brief. Requested for 01/19/2018 By 30 Day(s)
12/21/2017 Granted - extension of time.
Appellant's opening brief. Due on 01/19/2018 By 30 Day(s)
12/21/2017 Marsden transcript sent. 1/30/17
2/7/17
2/14/17
2/22/17
To Patrick McKenna
01/17/2018 Filed augmented record pursuant to rule 8.340. Minute Order from January 30, 2017.
01/17/2018 Certificate of county clerk filed. "After a careful thorough search, we are unable to provide jury notes or any written communication between the court and jury. The normal record only contained two questions submitted to the court."
01/19/2018 Requested - extension of time.
Appellant's opening brief. Requested for 02/20/2018 By 32 Day(s)
01/22/2018 Granted - extension of time.
Appellant's opening brief. Due on 02/20/2018 By 32 Day(s)
***NO FURTHER EXTENSIONS OF TIME CONTEMPLATED***
02/22/2018 Default sent to court appointed counsel. Defendant and Appellant: Frank Joseph Montenegro
Attorney: Patrick McKenna
03/26/2018 Record omission letter received.
03/26/2018 Requested - extension of time.
Appellant's opening brief. Requested for 04/16/2018 By 21 Day(s)
03/27/2018 Granted - extension of time.
Appellant's opening brief. Due on 04/16/2018 By 21 Day(s)
***NO FURTHER EXTENSIONS WILL BE GRANTED***
04/16/2018 Appellant's opening brief. Defendant and Appellant: Frank Joseph Montenegro
Attorney: Patrick McKenna
04/20/2018 Certificate of county clerk filed. "We are unable to provide People's Exhibit No. 18 & 19, as these exhibits were withdrawn on March 27, 2017. Please see attached receipt for withdrawal of exhibit."
05/17/2018 Respondent notified re failure to file respondent's brief. Plaintiff and Respondent: The People
Attorney: Office of the Attorney General
06/18/2018 Requested - extension of time.
06/19/2018 Granted - extension of time.
Respondent's brief. Due on 07/18/2018 By 30 Day(s)
07/10/2018 Requested - extension of time.
Respondent's brief. Requested for 08/17/2018 By 30 Day(s)
07/10/2018 Granted - extension of time.
Respondent's brief. Due on 08/17/2018 By 30 Day(s)
08/17/2018 Requested - extension of time.
Respondent's brief. Requested for 09/17/2018 By 31 Day(s)
08/22/2018 Granted - extension of time.
Respondent's brief. Due on 09/17/2018 By 31 Day(s)
***FURTHER EXTENSIONS ARE NOT CONTEMPLATED***
09/17/2018 Respondent's brief. Plaintiff and Respondent: The People
Attorney: Office of the Attorney General
10/03/2018 Requested - extension of time.
Appellant's reply brief. Requested for 11/08/2018 By 30 Day(s)
10/05/2018 Granted - extension of time.
Appellant's reply brief. Due on 11/08/2018 By 30 Day(s)
11/08/2018 Requested - extension of time.
Appellant's reply brief. Requested for 11/19/2018 By 11 Day(s)
11/08/2018 Granted - extension of time.
Appellant's reply brief. Due on 11/19/2018 By 11 Day(s)
11/19/2018 Appellant's reply brief. Defendant and Appellant: Frank Joseph Montenegro
Attorney: Patrick McKenna
11/20/2018 Case fully briefed.
11/29/2018 Case on conference list. 18-25
11/29/2018 Oral argument waiver notice sent.
11/30/2018 Record to court for review.
12/17/2018 Argument waived by: (no response - 10 day notice)
09/20/2019 Opinion filed. (Signed Unpublished) The court is ordered to issue an amended abstract of judgment indicating defendant is entitled to 99 days of conduct credit, and to forward a copy of that amended abstract of judgment to the Department of Corrections. In all other respects the judgment is affirmed.
11/04/2019 Service copy of petition for review received.
11/04/2019 Received copy of Supreme Court filing. Application for Relief From Default to File Timely Review Petition
11/08/2019 Service copy of petition for review received.
11/08/2019 Received: Received service copy of Supreme Court's letter to counsel:

Dear Counsel,
The court has granted permission to file the untimely petition for review and the petition was filed on November 8, 2019.
/s/
11/18/2019 Record transmitted to Supreme Court.
12/19/2019 Record returned from Supreme Court.
12/11/2019 Petition for review denied in Supreme Court.
12/20/2019 Remittitur issued.
12/20/2019 Case complete.


Briefs

The People v. Montenegro
Division 1
Case Number A151646
Brief Due Date Date Filed Party and Attorney Notes
Default sent to court appointed counsel. 02/22/2018 Defendant and Appellant: Frank Joseph Montenegro
Attorney: Patrick McKenna
Appellant's opening brief. 04/16/2018 Defendant and Appellant: Frank Joseph Montenegro
Attorney: Patrick McKenna
Respondent notified re failure to file respondent's brief. 05/17/2018 Plaintiff and Respondent: The People
Attorney: Office of the Attorney General
Respondent's brief. 09/17/2018 Plaintiff and Respondent: The People
Attorney: Office of the Attorney General
Appellant's reply brief. 11/19/2018 Defendant and Appellant: Frank Joseph Montenegro
Attorney: Patrick McKenna


Future Scheduled Actions

The People v. Montenegro
Division 1
Case Number A151646

No information found.



Disposition

The People v. Montenegro
Division 1
Case Number A151646
Description:
Affirmed but sentence modifications ordered
Date:
09/20/2019
Disposition Type:
Final
The court is ordered to issue an amended abstract of judgment indicating defendant is entitled to 99 days of conduct credit, and to forward a copy of that amended abstract of judgment to the Department of Corrections. In all other respects the judgment is affirmed.
Publication Status:
Signed Unpublished
Author:
Banke, Kathleen M.
Participants:
Humes, James M. (Concur)
Margulies, Sandra Lynn (Concur)
Case Citation:
none


Trial Court

The People v. Montenegro
Division 1
Case Number A151646
Trial Court Name:
Alameda County Superior Court - Main
County:
Alameda
Trial Court Case Number:
H58636
Trial Court Judge:
Murphy, Kevin
Trial Court Judgment Date:
12/03/1963