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United States Court Cases

California Third Appellate District Record

The People v. Narayan

Parties and Attorneys

The People v. Narayan
Case Number C046880
Party Attorney
The People : Plaintiff and Respondent
Office of the State Attorney General
P.O. Box 944255
Sacramento, CA 94244-2550

Contact Name: Daniel B. Bernstein

Rajnesh Navin Narayan : Defendant and Appellant
Calipatria State Prison
P.O. Box 5002
Calipatria, CA 92233
Charles M. Bonneau
Attorney at Law
331 J Street, Suite 200
Sacramento, CA 95814-2220



Case Summary

Trial Court Case:
01F01700
Court of Appeal Case:
C046880
Supreme Court Case:
S165009
Division:
Case Caption:
The People v. Narayan
Case Type:
CR
Filing Date:
05/05/2004
Completion Date:
10/06/2008
Oral Argument Date/Time:
04/22/2008 02:00 PM


Docket (Register of Actions)

The People v. Narayan
Case Number C046880
Date Description Notes
05/18/2004 Notice of appeal lodged/received (criminal). Filed in superior court on 05/05/04.Robbery, Rape in concert, etc.
05/27/2004 Filed application and order of: CSR Kathy L. Ennis to 07/06/04.
07/08/2004 Granted - extension of time. CSR Araceli Plasencia to and including07/26/04. No Further Time. Rule 32(e)letter sent. Response due: 08/05/04.CSR has completed 200 hrs. of approx.426 hrs. (7000 pp.).
07/30/2004 Modified criminal address. from DVI to CPP per CCAP notice.
08/04/2004 Filed declaration of: CSR Araceli Plasencia stating that her tentativedate for filing this transcript is 09/10/04.Transcript est. at 8,000 pages. Approx.4,500 pages have been completed by this andother reporters.
08/05/2004 Letter sent to: CSR Araceli Plasencia acknowledging declaration.Court will take no further action before est.completion date of 09/10/04.
09/10/2004 Filed declaration of: CSR Araceli Plasencia regarding the CSRs havecompleted 5800 pgs of 7000 pgs. Expect to completethe RT by 09/24/04.
09/13/2004 Letter sent to: CSR A. Plasencia acknowleding declaration.Court will take no further action before09/24/04.
09/23/2004 Record on appeal filed. 7 vols CT (2110 pgs), 1 vol appendix forRT and 23 vols RT (6652 pgs), 1 confidentialprobation report and 1 sealed Marsdendated 12/03/03. AOB due 11/02/04.
09/23/2004 Sealed document filed. See previous entry.
09/30/2004 Appointment/recommendation req. for counsel filed. Appellant's.
10/01/2004 Counsel appointment order filed. Attorney Charles Bonneau. AOB due 11/02/04.
11/02/2004 Filed application and order of: appellant to 12/02/04.
12/02/2004 Filed application and order of: appellant to: 01/03/05.
12/30/2004 Granted - extension of time. Appellant to: 03/04/05.
03/02/2005 Granted - extension of time. Appellant to 05/03/05.No further time.
04/08/2005 Motion/application to augment record filed. By appellant.
04/08/2005 Motion filed. By appellant to consolidate with C047126.
04/19/2005 Augmentation granted. (See order.) Appellant's. Material due: 05/09/05. Scotland,P.J.
04/25/2005 Filed order consolidating with case: C047126 (appellant Narayan's motion) Both casesremain active. AOBs due 30 days from filing ofaugmented material. Scotland, P.J.
05/10/2005 Augmented record filed. (In consolidated case C047126.)1 Vol. CT (259 pp.); 1 Vol. RT (81 pp.);and declaration of courtroom clerk JohnnyJohnson. AOBs due: 06/09/05.
05/16/2005 Augmented record filed. 1 Vol CT (17 pgs.) AOBs due: 06/15/05.
05/31/2005 32.1 letter received from: (in companion case) attorney Cara DeVitodated 05/25/05. Briefing time suspended.
07/20/2005 Supplemental record/transcript filed. (In companion case.) 1 Vol. RT (90 pp.).AOB due: 08/19/05.
08/15/2005 Appellant's opening brief. Defendant and Appellant: Rajnesh Navin Narayan
Attorney: Charles M. Bonneau Attorney: Shipp, Joseph Party: Singh, Ashminder Jeet (C047126)
08/15/2005 Filed application and order of: Appellant Kumar to 09/19/05. (See C047126)
08/17/2005 Filed application and order of: Appellant Rajnesh Narayan to 10/17/05.
09/16/2005 Granted - extension of time. appellant Deo to 10/19/05. (In C047126)
09/15/2005 Filed application and order of: appellant Kumar to 10/19/05 (C047126).
10/04/2005 Granted - extension of time. Appellant Deo to 11/18/05, in C047126.
10/14/2005 Filed application and order of: Appellant Narayan to 11/16/05.
10/19/2005 Granted - extension of time. Appellant Kumar to 11/18/05 in companioncase C047126.
11/16/2005 Granted - extension of time. Appellant Narayan to 12/16/05
11/18/2005 Granted - extension of time. Appellant Deo to 12/19/05 in C047126.
11/18/2005 Granted - extension of time. Appellant Kumar to 12/02/05 in C047126.
12/08/2005 Application filed: Appellant Kumar's to file oversized brief,in C047126, asking 40,000+. Granted andfiled in C047126.
12/09/2005 Appellant's opening brief. Defendant and Appellant: Rajnesh Navin Narayan
Attorney: Charles M. Bonneau Attorney: DeVito, Cara Party: Kumar, JasmeelC047126 w/permission
12/15/2005 Granted - extension of time. Appellant Deo in C047126 to 01/18/06.
12/20/2005 Granted - extension of time. Appellant Narayan to 01/17/06(duplicate entry in C047126 )
12/20/2005 Motion for corrections filed. By appellant Kumar.
12/23/2005 Appellant's opening brief. Defendant and Appellant: Rajnesh Navin Narayan
Attorney: Charles M. Bonneau Attorney: Bonneau, Charles Party: Narayan, Rajnesh(see C047126 for remaining defendants)
01/05/2006 Order filed. Kumar's motion to correct is granted. Theclerk of this court is to return volume 20of RT in C047126 for redaction of jurorinformation. Due: 02/25/06; AOB due 15 there-after. SCOTLAND, P.J.
01/10/2006 Received: letter from appellant Singh dated 01/09/06,advising volume 20 of the RT (C047126) wassent to Sacramento Superior court on 01/09/06.
03/01/2006 Received corrected transcript. 1 vol. RT (Vol. #20, pp. 5626-5904)returned. AOB due: 03/16/06 (Deo).
03/17/2006 Filed application and order of: Appellant Deo in C047126 to 04/17/06.
04/25/2006 Motion filed. by appellant Deo to file AOB in excess of 25,000words (submitted with brief consisting of 35,232words). (ms) Granted.
04/25/2006 Appellant's opening brief. Defendant and Appellant: Rajnesh Navin Narayan
Attorney: Charles M. Bonneau Appellant Deo in C047126.
05/02/2006 Filed joinder of: appellant Singh to arguments of co-appellantsin their opening briefs.
05/19/2006 Filed application and order of: Respondent to 07/24/06. (60 days)
07/18/2006 Granted - extension of time. Respondent to 09/22/06. (60 days)
09/22/2006 Granted - extension of time. Respondent to 10/23/06.
10/18/2006 Motion filed. By respondent to file brief of 58,024 words.(Brief included.) GRANTED
10/18/2006 Respondent's brief. Plaintiff and Respondent: The People
Attorney: Office of the State Attorney General Attorney: Office of the State Attorney General Party: The PeopleSEE NOTES.
11/03/2006 Filed application and order of: Appellant Jasmeel Kumar in C047126 to 12/22/06.
11/03/2006 Filed application and order of: appellant Narayan to 12/22/06.
11/06/2006 Filed application and order of: appellant Singh to 12/07/06.
11/27/2006 Appellant's reply brief. Defendant and Appellant: Rajnesh Navin Narayan
Attorney: Charles M. Bonneau Appellant Singh in C047126.
12/14/2006 Appellant's reply brief. Defendant and Appellant: Rajnesh Navin Narayan
Attorney: Charles M. Bonneau Attorney: Bonneau, Charles Party: Narayan, Rajnesh
12/27/2006 Appellant's reply brief. Defendant and Appellant: Rajnesh Navin Narayan
Attorney: Charles M. Bonneau Attorney: Cara DeVito Party: Kumar, Jasmeelfor case C047126.
01/02/2007 Case fully briefed.
01/09/2007 Supplemental brief filed by: Defendant and Appellant: Rajnesh Navin Narayan
Attorney: Charles M. Bonneau Attorney: DeVito, Cara (Cunningham) Party: Kumar, Jasmeel
02/22/2007 Supplemental brief filed by: Plaintiff and Respondent: The People
Attorney: Office of the State Attorney General Attorney: Office of the State Attorney General Party: The People (Cunningham)
03/02/2007 Supplemental brief filed by: Defendant and Appellant: Rajnesh Navin Narayan
Attorney: Charles M. Bonneau appellant Jasmeel Kumar. (Cunningham)
05/15/2007 Oral argument waiver notice sent. Response due: 05/25/07
05/25/2007 Request for oral argument filed by: appellant Narayan.
05/25/2007 Application filed: Appellant Deo in consol. case for an extensionof time to determine need for and to file asupplemental brief.
06/04/2007 Order filed. Appellant Deo's application for extension oftime to determine if a supplemental brief isneeded and permission to file a supplementalbrief is granted. Appellant Dao shall haveuntil 08/03/07 to file a supplemental brief.Sims, Acting P.J.
07/31/2007 Requested - extension of time. Appellant Ravind Deo to 10/02/07 to file supplemental brief in C047126.
08/03/2007 Granted - extension of time. Appellant Ravind Deo in C047126 to 10/02/07.
10/05/2007 Note: Supplemental Brief filed by appellant Ravind Deo in C047126.
10/30/2007 Requested - extension of time. Respondent to 12/03/07 to file supplemental brief.
11/06/2007 Granted - extension of time. Respondent to 12/03/07 to file supplemental brief.
12/03/2007 Supplemental brief filed by: Plaintiff and Respondent: The People
Attorney: Office of the State Attorney General respondent.
12/21/2007 Request filed: By appellant Deo to correct argument in supplemental brief. (received supplemental briefs included).
12/27/2007 Letter sent to: counsel for respondent the People and appellant Ravind Roshan Deo, at the request of the court, to submit supplemental letter briefs addressing specific issues (see letter for details). The People's supplemental letter brief shall be served and filed on or before 01/16/08. Appellant Deo's supplemental letter brief is to be served and filed 20 days thereafter. (C047126)
01/02/2008 Order filed. Appellant Deo's request to file a supplemental brief is granted. The clerk
of this court is directed to forthwith file the supplemental brief submitted with the request. Sims, Acting P.J. (C047126)
01/02/2008 Filed: Appellant Deo's supplemental brief in C047126 per 01/02/08 order.
01/16/2008 Supplemental brief filed by: Plaintiff and Respondent: The People
Attorney: Office of the State Attorney General The People (C047126)
02/05/2008 Note: (Filed from CCAP supplemental letter brief in C047126 for appellant DEO).
02/07/2008 Argument order sent. Wednesday, March 19, 2008, at 9:30 a.m.
SCOTLAND, P.J.
02/14/2008 Waiver of oral argument filed by: appellant Singh.
02/14/2008 Request to continue oral argument - to court. appellant Narayan.
02/19/2008 Filed: Response to request for continuance of oral argument, by Respondent.
02/19/2008 Waiver of oral argument filed by: appellant Deo.
02/21/2008 Grant request to continue oral argument. Tuesday, April 22, 2008, at 2:00 p.m.
SIMS, Acting P.J.
02/22/2008 Letter sent approving argument waiver request. Counsel for appellants Singh and Deo: The court has approved each of your requests for waiver of oral argument in the above cases. Your appearance at the scheduled hearing will not be required. All other counsel are expected to appear for the scheduled oral argument unless they have submitted a waiver request that has been approved by the court.
04/22/2008 Cause argued and submitted. Charles M. Bonneau argued for Def-Appt.
Daniel B. Bernstein, DAG, argued for Plt-Resp.
06/13/2008 Opinion filed. (Signed Unpublished) The Penal Code section 12022.3, subdivision (a) use enhancements are stricken as to Deo on counts 20, 22, 23, 25, 58, 59, 61, 62, 63, 64, 65, and 66. The matter is remanded for resentencing Deo on those counts. Otherwise the judgments are affirmed.
06/20/2008 Rehearing petition filed. By appellant Kumar in consolidated case C047126.
06/27/2008 Rehearing petition filed. By appellant Deo in consolidated case C047126.
07/11/2008 Service copy of petition for review received. Appellant Narayan's.
07/14/2008 Order denying rehearing petition filed. In modified opinion as to petitions filed by appellants Deo and Kumar in consolidated case C047126. For the court: Sims, A.P.J.; Nicholson, J.; Morrison, J.
07/14/2008 Service copy of petition for review received. Appellant Singh's in consolidated case C047126.
07/23/2008 Note: Appellant Deo filed petition for review in Supreme Court.
07/23/2008 Note: Appellant Deo's copy of petition for review received.
09/22/2008 Ext. by Supreme Court re: petition for review filed: to and including 10/21/08, or the date upon which review is either granted or denied. GEORGE, C.J.
10/01/2008 Petition for review denied in Supreme Court. The petitions for review are denied. Kennard, J., was absent and did not participate. George, C.J. Received: 10/03/08.
10/06/2008 Remittitur issued.
10/06/2008 Case complete.
01/26/2009 Record shipped to records center - Sacramento. List 38, Box 250, Loc. 1220305
List 38, Box 251, Loc. 1220306
04/20/2009 Record requested from State Records Center.
04/22/2009 Received:
04/22/2009 Record returned to State Records Center.
02/04/2009 Record shipped to records center - Sacramento. List 38 Box 250/1 Loc. 1220305/6


Briefs

The People v. Narayan
Case Number C046880
Brief Due Date Date Filed Party and Attorney Notes
Appellant's opening brief. 08/15/2005 Defendant and Appellant: Rajnesh Navin Narayan
Attorney: Charles M. Bonneau
Attorney: Shipp, Joseph
Party: Singh, Ashminder Jeet (C047126)
Appellant's opening brief. 12/09/2005 Defendant and Appellant: Rajnesh Navin Narayan
Attorney: Charles M. Bonneau
Attorney: DeVito, Cara
Party: Kumar, Jasmeel
C047126 w/permission
Appellant's opening brief. 12/23/2005 Defendant and Appellant: Rajnesh Navin Narayan
Attorney: Charles M. Bonneau
Attorney: Bonneau, Charles
Party: Narayan, Rajnesh
(see C047126 for remaining defendants)
Appellant's opening brief. 04/25/2006 Defendant and Appellant: Rajnesh Navin Narayan
Attorney: Charles M. Bonneau
Appellant Deo in C047126.
Respondent's brief. 10/18/2006 Plaintiff and Respondent: The People
Attorney: Office of the State Attorney General
Attorney: Office of the State Attorney General
Party: The People
SEE NOTES.
Appellant's reply brief. 11/27/2006 Defendant and Appellant: Rajnesh Navin Narayan
Attorney: Charles M. Bonneau
Appellant Singh in C047126.
Appellant's reply brief. 12/14/2006 Defendant and Appellant: Rajnesh Navin Narayan
Attorney: Charles M. Bonneau
Attorney: Bonneau, Charles
Party: Narayan, Rajnesh
Appellant's reply brief. 12/27/2006 Defendant and Appellant: Rajnesh Navin Narayan
Attorney: Charles M. Bonneau
Attorney: Cara DeVito
Party: Kumar, Jasmeel
for case C047126.
Supplemental brief filed by: 01/09/2007 Defendant and Appellant: Rajnesh Navin Narayan
Attorney: Charles M. Bonneau
Attorney: DeVito, Cara (Cunningham)
Party: Kumar, Jasmeel
Supplemental brief filed by: 02/22/2007 Plaintiff and Respondent: The People
Attorney: Office of the State Attorney General
Attorney: Office of the State Attorney General
Party: The People (Cunningham)
Supplemental brief filed by: 03/02/2007 Defendant and Appellant: Rajnesh Navin Narayan
Attorney: Charles M. Bonneau
appellant Jasmeel Kumar. (Cunningham)
Supplemental brief filed by: 12/03/2007 Plaintiff and Respondent: The People
Attorney: Office of the State Attorney General
respondent.
Supplemental brief filed by: 01/16/2008 Plaintiff and Respondent: The People
Attorney: Office of the State Attorney General
The People (C047126)


Disposition

The People v. Narayan
Case Number C046880
Description:
Affirmed but trial court directed to resentence
Date:
06/13/2008
Disposition Type:
Final
The Penal Code section 12022.3, subdivision (a) use enhancements are stricken as to Deo on counts 20, 22, 23, 25, 58, 59, 61, 62, 63, 64, 65, and 66. The matter is remanded for resentencing Deo on those counts. Otherwise the judgments are affirmed.
Publication Status:
Signed Unpublished
Author:
Morrison, Fred K.
Participants:
Sims III, Richard M. (Concur with Opinion)
Nicholson, George W. (Concur)
Case Citation:
none


Trial Court

The People v. Narayan
Case Number C046880
Trial Court Name:
Sacramento County Superior Court
County:
Sacramento
Trial Court Case Number:
01F01700
Trial Court Judge:
Fall, Greta
Trial Court Judgment Date:
04/16/2004