Parties and Attorneys
The People v. Phillips
Case Number H042441
| Party | Attorney |
|---|---|
| The People : Plaintiff and Respondent | Katie Lieberg Stowe Office of the Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102 Office of the Attorney General 455 Golden Gate Avenue Suite 11000 San Francisco, CA 94102 |
| Mackey Troy Phillips : Defendant and Appellant Elmwood Rehabilitation Center 701 South Abel Street Milpitas, CA 95035 | Rudolph J. Alejo 1448 San Pablo Avenue Berkeley, CA 94702 Sixth District Appellate Program 95 S. Market Street, Suite 570 San Jose, CA 95113 |
Case Summary
Trial Court Case:
C1475050
Court of Appeal Case:
H042441
Caution: For information on when opinions may be cited or relied upon, click here .
Division:
Case Caption:
The People v. Phillips
Case Type:
CR
Filing Date:
05/01/2015
Completion Date:
05/31/2017
Oral Argument Date/Time:
Docket (Register of Actions)
The People v. Phillips
Case Number H042441
| Date | Description | Notes |
|---|---|---|
| 06/17/2015 | Notice of appeal lodged/received (criminal). | |
| 06/17/2015 | Counsel appointment order filed. | |
| 06/18/2015 | Court reporter extension granted. | CSR: Nebolon, Denise Marie (9344) Extended Due Date: 07/20/2015 |
| 07/02/2015 | Recommendation of counsel by SDAP filed. | Atty Rudolph Alejo |
| 07/22/2015 | Email sent to: | Kimi re CSR Nebolon's RT |
| 07/23/2015 | Email received from: | Kimi she states CSR Nebolon is in and the record should be here in Thursday's bin. |
| 07/23/2015 | Record on appeal filed. | C-1, R-2 ( 1 envelope probation report and RT vol. 2 sealed pgs. 175-182) |
| 07/23/2015 | Marsden transcript filed****** | 1 envelope |
| 08/17/2015 | Record omission letter received. | by appellant, dated 8/12/15; RT 4/6/15, RT missing portion between pages 145-146, CT of four exhibits re prison priors, CT defense written motions in limine |
| 08/17/2015 | Motion/application to augment record filed. | by appellant |
| 08/28/2015 | Notice to reporter to prepare transcript. | filed 8/28/15 |
| 10/02/2015 | Email sent to: | CSR Nebolon re transcript |
| 10/05/2015 | Email received from: | CSR Nebolon submitted in the beginning of September |
| 10/07/2015 | Telephone conversation with: | Rebecca she states she does not see record from CSR Nebolon and to email Susan for assistance. |
| 10/07/2015 | Email sent to: | Susan Walker re augmentation |
| 10/22/2015 | Augmentation granted. (See order.) | Appellant's requesting RT of the voir dire proceedings of 4/7/15 and rt of the parties opening statements of 4/7/15Time for filing appellant's opening brief is extended to 15 days after filing of the augmented record |
| 10/29/2015 | Change of contact information filed for: | Sixth District Appellate Program old address 1: 100 No. Winchester Blvd. new address 1: 95 S. Market Street, Suite 570 old address 2: Suite 310 new address 2: {blank} old city: Santa Clara new city: San Jose old zip: 95050 new zip: 95113 |
| 12/01/2015 | Motion filed. | Appellant's motion for stay and limited remand of pending appeal to allow trial court to exercise discretion to modify appellant's sentence |
| 01/08/2016 | Order filed. | Appellant's motion for stay and limited remand is granted. The appeal is stayed for 60 days. The matter is returned to the trial court to determine the appellant's pending petition to modify his sentence to allow him to enter a treatment facility. Counsel for appellant shall notify this court within 5 days of the completion of the proceedings below of appellant's intention to either dismiss the appeal or reinstate the appeal to active status. |
| 03/04/2016 | Motion filed. | Appellant's motion to reinstate appeal following completion of lower court proceedings |
| 03/24/2016 | Order filed. | Appellant's motion to reinstate appeal following completion of lower court proceedings is granted. Time for filing appellant's opening brief is extended to 15 days after filing of the augmented record in this court. |
| 04/08/2016 | Telephone conversation with: | Diana, she will send us a copy of the notice to reporter sent out on 3/22 to D. Nebolon for 4/7/15. Also, Nebolon has not yet submitted the missing portion between RT pages 145-146 of 4/6/15. |
| 04/08/2016 | Notice to reporter to prepare transcript. | filed 3/22/16, D. Nebolon |
| 05/04/2016 | Augmented record filed. | R-1RT of the voir dire proceedings of 4/7/15 and rt of the parties opening statements of 4/7/15 |
| 05/09/2016 | Email sent to: | Susan re: status of augmented record and notice to reporter |
| 05/12/2016 | Certificate of county clerk filed. | Deputy County Clerk do certify the following: After a due and diligent search, I am unable to locate the four exhibits introduced by the prosecutor to prove appellant's prison priors; and the defense counsel's written motions in limine. emailed |
| 05/12/2016 | Filed augmented record pursuant to rule 8.340. | C-1 |
| 05/19/2016 | Record omission letter received. | Atty Rudolph Alejo requesting rt of the 4/6/15 proceedings |
| 06/07/2016 | Filed augmented record pursuant to rule 8.340. | R-1 |
| 06/21/2016 | Granted - extension of time. | 1st |
| 07/19/2016 | Granted - extension of time. | 2nd |
| 08/18/2016 | Requested - extension of time | 3rd |
| 08/17/2016 | Granted - extension of time. | 3rd |
| 09/19/2016 | Motion/application to augment record filed. | Appellant'sand extension of time request |
| 09/21/2016 | Augmentation granted. (See order.) | Appellant's motion to augment is granted. The record on appeal is deemed augmented to include the documents provided with the motion. Time to file appellant's is extended 15 days from the date of this order. |
| 09/23/2016 | Appellant's opening brief. | Defendant and Appellant: Mackey Troy Phillips Attorney: Rudolph J. Alejo |
| 10/25/2016 | Respondent notified re failure to file respondent's brief. | Plaintiff and Respondent: The People Attorney: Office of the Attorney General |
| 10/31/2016 | Motion/request for sealed or confidential transcripts filed by: | AG |
| 11/14/2016 | Order filed. | Appellant's counsel not having filed opposition, respondent's request for a copy of the confidential Marsden transcript is granted. The clerk of this court is directed to forward the transcript to respondent forthwith. Time to file respondent's brief is extended to 30 days from the date of this order. |
| 11/14/2016 | Marsden transcript sent. | AG |
| 11/28/2016 | Respondent's brief. | Plaintiff and Respondent: The People Attorney: Katie Lieberg Stowe partial concession |
| 12/16/2016 | Granted - extension of time. | 1st |
| 01/18/2017 | Appellant's reply brief. | Defendant and Appellant: Mackey Troy Phillips Attorney: Rudolph J. Alejo |
| 01/19/2017 | Case fully briefed. | |
| 01/18/2017 | Motion filed. | Appellant's motion for summary reversal and calendar preference |
| 01/27/2017 | Order filed. | Appellant's request for calendar preference is granted. The court shall set the matter on calendar at its earliest convenience. The motion for summary reversal is denied. As appellant has abandoned all issues other than those which have been conceded by the People, the matter shall proceed as a full concession. |
| 01/27/2017 | ***To be assigned***. | |
| 02/16/2017 | Case on conference list. | February 2017 |
| 03/08/2017 | Submission order filed. | |
| 03/28/2017 | Opinion filed. | (Signed Unpublished) The judgment is modified to reflect that defendant's prison prior from Santa Clara County case No. 199941 is stricken, and defendant's sentence is reduced by one year. In addition, the $280 fine imposed pursuant to section 1202.45 is stricken. As modified, the judgment is affirmed; CLR, EMP, FDE |
| 05/31/2017 | Remittitur issued. | |
| 05/31/2017 | Case complete. | |
| 05/31/2017 | Record purged - to be shipped to state records center. | |
| 07/13/2017 | Received copy of | ltr to superior court judge from counsel for appellant re modifications |
| 12/30/2021 | Shipped to state retention center, box # / list #: | 8/198 |
Briefs
The People v. Phillips
Case Number H042441
| Brief | Due Date | Date Filed | Party and Attorney | Notes |
|---|---|---|---|---|
| Appellant's opening brief. | 09/23/2016 | Defendant and Appellant: Mackey Troy Phillips Attorney: Rudolph J. Alejo | | |
| Respondent notified re failure to file respondent's brief. | 10/25/2016 | Plaintiff and Respondent: The People Attorney: Office of the Attorney General | | |
| Respondent's brief. | 11/28/2016 | Plaintiff and Respondent: The People Attorney: Katie Lieberg Stowe | partial concession | |
| Appellant's reply brief. | 01/18/2017 | Defendant and Appellant: Mackey Troy Phillips Attorney: Rudolph J. Alejo | |
Future Scheduled Actions
The People v. Phillips
Case Number H042441
No information found.
Disposition
The People v. Phillips
Case Number H042441
Description:
Affirmed in full
Date:
03/28/2017
Disposition Type:
Final
The judgment is modified to reflect that defendant's prison prior from Santa Clara County case No. 199941 is stricken, and defendant's sentence is reduced by one year. In addition, the $280 fine imposed pursuant to section 1202.45 is stricken. As modified, the judgment is affirmed; CLR, EMP, FDE
The judgment is modified to reflect that defendant's prison prior from Santa Clara County case No. 199941 is stricken, and defendant's sentence is reduced by one year. In addition, the $280 fine imposed pursuant to section 1202.45 is stricken. As modified, the judgment is affirmed; CLR, EMP, FDE
Publication Status:
Signed Unpublished
Author:
Rushing, Conrad Lee
Participants:
Elia, Franklin D. (Concur)
Premo, Eugene M. (Concur)
Premo, Eugene M. (Concur)
Case Citation:
none
Trial Court
The People v. Phillips
Case Number H042441
Trial Court Name:
Santa Clara County Superior Court
County:
Santa Clara
Trial Court Case Number:
C1475050
Trial Court Judge:
Toff, Ronald
Trial Court Judgment Date:
05/01/2015