The People v. Reyes

A158095 | California State Court of Appeals, First District

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Division 4
Filed Aug. 6, 2019
Judges Jon B. Streeter, Stuart R. Pollak, and Tracie L. Brown
Case Type CR
Status Signed Partial Published
Description Affirmed/part, rev/part, remanded w/direction
Related Supreme Court Case
Last Updated: 7 months, 1 week ago
Filing Date # Docket Text
3/2/2021Case complete.
3/2/2021Remittitur issued.
1/27/2021Petition for review denied in Supreme Court.
12/4/2020Service copy of petition for review received.
10/30/2020Opinion filed. (Signed Partial Published) The superior court's order granting Reyes's section 995 motion to set aside the information is affirmed in part and reversed in part. The dismissal order is affirmed as to count 1 (the charge under ยง 136.1, subd. (b)(1)) and is reversed as to count 2 (the charge under ยง 137, subd. (b)). The case is remanded for further proceedings on count 2. **J. Pollak has concurring opinion.
9/15/2020Cause argued and submitted.
9/1/2020Order filed. On the court's own motion, the oral argument hearing calendared for Tuesday, September 15, 2020 remains on the same date, but the time has changed from 9:30 a.m. to 10:10 a.m.
8/25/2020Filed letter from: Dated 8/25/2020 by attorney Raphael Goldman in re: ready to proceed with oral argument on 9/15/2020 by video.
8/25/2020Filed letter from: By attorney Krishna Abrams in re: DA Julie Underwood will be presenting oral argument on behalf of The People.
8/25/2020Letter sent to: CALIFORNIA COURT OF APPEAL. FIRST APPELLATE DISTRICT. DIVISION 4. August 25, 2020. MEMORANDUM TO COUNSEL. People v. Reyes, A158095, Div. 4. The court invites counsel to address the following issues at oral argument on September 15, 2020:. 1. Does the phrase ?that victimization? in Penal Code section 136.1, subdivision (b)(1) (referring to the criminal conduct that a defendant must attempt to dissuade a victim or witness from reporting) encompass only discrete past criminal acts, or can it also encompass a course of criminal conduct that may be ongoing?. 2. Is there anything in the legislative history of Penal Code section 136.1, subdivision (b)(1) specifically, or section 136.1 generally, that sheds any light on the meaning of the phrase ?that victimization? in subdivision (b)(1,) or on whether the provision was intended to prohibit dissuading a victim or witness from reporting potential future crimes or future crimes that are part of an ongoing course of conduct?. 3. What relevance, if any, does People v. Pic?l (1982) 31 Cal.3d 731 have to the issues raised in this appeal, particularly the issues concerning the charge under Penal Code section 137, subdivision (b)?. Specification of the foregoing issues is intended to help the attorneys focus on issues upon which the Court would like to afford the opportunity for argument, but does not foreclose argument on any other issues deemed material by the parties? counsel. (Mr.) Channing Hoo. Deputy Clerk. cc: all counsel.
8/24/2020Argument order sent. 9.15.20 at 9:30 am;.
12/6/2019Filed letter from: By Deputy District Attorney Karen Jensen for petitioner the People in re: Deputy District Attorney Julie Underwood will be presenting oral argument.
12/6/2019Note: no opposition received for request for judicial notice and/or motion to strike arb as of 12/6/2019.
12/4/2019Request for oral argument filed by: By attorney Raphael Goldman for respondent Reyes.
12/2/2019Oral argument waiver notice sent.
12/2/2019Case on conference list.
12/2/2019Record to court for review.
11/18/2019Motion filed. Resopndent Octavio Joseph Reyes'S Motion to Strike the Reply Brief as Untimely.
11/18/2019Request for judicial notice filed. Respondent' Octavio Joseph Reyes'S Request for Judicial Notice in Support of His Motion to Strike the Reply Brief as Untimely.
11/14/2019Case fully briefed.
11/14/2019Appellant's reply brief. Plaintiff and Appellant: The People. Attorney: Karen Lee Jensen.
10/24/2019Respondent's brief. Defendant and Respondent: Octavio Reyes. Attorney: Raphael Morris Goldman.
10/7/2019Appellant's opening brief. Plaintiff and Appellant: The People. Attorney: Office of the Attorney General.
9/16/2019Filed letter from: attorney Goldman re appellate party role designation still not correct is case caption (note: caption updated today).
9/11/2019Record on appeal filed. CT-1, RT-4 (efiled AND physical copies).
9/3/2019Filed letter from: Dated 9/3/2019 by attorney Bridget Billeter for respondents in re: Solano County District Attorney Karen Jensen will be representing the People in this case.
9/3/2019Filed letter from: Dated 9/3/2019 by attorney Raphael Goldman for appellant in re: error in appellate role designation.
8/20/2019Filed proof of service. Amended Declaration of Service.
8/20/2019Filed document entitled: Statement of Representation of Appellee Octavio Joseph Reyes.
8/19/2019Notice of appeal lodged/received (criminal).