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This might be the last place you see a question like this. I am very concerned about one of my bestfriends who is being charged for something he didnt do..And because of this he had got sentenced in jail for the rest of his life.but recently he got granted an appeal and this has been going on for like a year allready i think its on its final stages.but this is the part i need help on guys i mightr understand computers but the law i have no clue.And i know that someone in here can give me answers that im looking for or atleast some kind of understanding of the steps that have been ocuring or to make it easy if you guys can break it down to its simplest form..Because so far in the legal system i havent got very far..Im going to copy paste his court docket of the charges and what he got sentence and the docket of the appeal that is upto date but im having greate trouble understanding and hopefully someone here can can give me a much clear picture and once again any help or info links of places that i can research this kind of stuff would be greatly appreciated..

08/14/2008 Notice of appeal lodged/received (criminal). 7 day jury trial; 1st degree murder, 2 counts of attempted murder, permitting another to discharge firearm from vehicle, discharge firearm from vehicle, shoot at inhabited dwelling; 25 years to life without the possibility of parole as to count 1; remaining counts 25 years to life with the possibility of parole plus 10 years consecutive; copy to CCAP

08/14/2008 Notice to reporter to prepare transcript. Sent to ctrrs on 08/07/08

08/25/2008 Court reporter extension granted. CSR: (4490) Extended Due Date: 09/26/2008
1st req

08/26/2008 Appellant notified re: right to counsel. to applt #1

09/26/2008 Court reporter extension requested. 2nd req by ctrr for OK

09/26/2008 Court reporter extension granted. CSR: (4490) Extended Due Date: 10/27/2008
2nd req; OK'd by APJ; N/F imposed

10/30/2008 Record on appeal filed. C2/426 pgs, R4/711 pgs & master index; ltr sent re: record filed & AOB due w/n 40 days

10/30/2008 Probation report filed. confidential pgs 334-345 of the ctx

10/31/2008 Appointment request for counsel filed. by applt

10/31/2008 Filed order appointing counsel (C.C.A.P. review). Defendant and Appellant:
--------------------------------------------------------------------------------
aob due in 30 days

12/02/2008 Motion/application to augment record filed. Attorney on behalf of appellant ; Clerk's Transcript People's Exhibit A (Transcript introduced at suppression motion on 4/18/08); People's Exhibit 53, (Transcript of appellant's tape recorded statement to police); Reporter's Transcript Marsden motion on 4/22/08; Motion to amend information on 4/25/08; (to W&M Dept)

12/03/2008 Augmentation granted. (See order.) Attorney on behalf of appellant ; People's Exhibit A introduced at suppression motion 4/18/08, People's trial exhibit 53; RT Marsden motion 4/22/08 & hearing held 4/25/08; Within 30 days; AOB due 30 days after ARF; (W3)

12/09/2008 Notice to reporter to prepare transcript. ; Noticed by Superior Court Clerk re 12/3/08 Augment Order.

01/06/2009 Received: Augmented Record pursuant to 12/3/08 Order; R1/Sealed Marsden Transcript 4/22/08; 1 Court Reporter Declaration; C1/1 pg; 1 DVD (People's Exhibit 53); (To OT for copies)

01/06/2009 Augmented record filed. pursuant to 12/3/08 Order; R1/Sealed Marsden Transcript 4/22/08; 1 Court Reporter Declaration; C1/1 pg; 1 DVD (People's Exhibit 53); (Copy of DVD sent to each counsel); (Letter to counsel AOB is due)

01/07/2009 Telephone conversation with: Atty indicating that the Augmentation from Superior Court, filed 1/6/09, was not correct. Counsel was directed to Notice this court as the issues for further orders to the Superior Court.

01/23/2009 Motion/application to augment record filed. (Second Application); Attorney on behalf of appellant; Clerk's Transcript People's Exhibit A, (Transcript of tape-recorded statement to the police) introduced at 4/18/08 hearing; People's Exhibit 53A, (Transcript of tape-recorded statement to police); Reporter's Transcript 4/24/08 motion to amend information; (to W&M Dept)

02/02/2009 Augmentation granted. (See order.) Attorney on behalf of appellant ; CT People's Exhibit A introduced at suppression motion on 4/18/08; People's trial Exhibit 53A transcript of tape record statement to police; RT hearing held 4/24/08; Within 30 days; AOB due 30 days after ARF; (W3)

02/23/2009 Augmented record filed. Pursuant to 2/2/09 order.
C1/96 pgs; R1/5 pgs; 1 Court Reporter Declaration; (Letter to counsel AOB is due)

03/23/2009 Granted - extension of time.

04/20/2009 Requested - extension of time (2nd Request - to PJ)

04/20/2009 Granted - extension of time. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED, ABSENT PROOF OF EXCEPTIONAL CIRCUMSTANCES.

05/21/2009 Requested - extension of time 3rd Request - to PJ

05/22/2009 Granted - extension of time. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED, ABSENT PROOF OF EXCEPTIONAL CIRCUMSTANCES.

06/25/2009 Requested - extension of time 4th-no further time

06/25/2009 Granted - extension of time. No further time

07/06/2009 Appellant's opening brief. Defendant and Appellant:
Attorney:

08/05/2009 Granted - extension of time.

09/04/2009 Respondent's brief. Plaintiff and Respondent: The People
Attorney:

09/22/2009 Granted - extension of time.

10/23/2009 Telephone conversation with: Atty ; ARB mailed on 10/20/09

10/26/2009 Appellant's reply brief filed. Defendant and Appellant:
Attorney:

10/26/2009 Case fully briefed.

01/21/2010 Oral argument waiver notice sent. JAF, #29, March

01/27/2010 Received fax informational copy of: Oral argument notice from Deputy ; CONDITIONAL WAIVER, Teleconference, 30 minutes (Unavailable: 3/8/10 to 3/10/10)

01/28/2010 Oral argument notice filed. Deputy ; CONDITIONAL WAIVER, Teleconference, 30 minutes (Unavailable March 8-10)

03/11/2010 Argument waived, cause submitted. (JAF)
 

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Try Yahoo Answers. You will find help there!
 

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If he's in the appeals process then he's already been convicted. This is long past simply being charged with something.

Also, that looks like a pretty serious conviction. First degree murder usually involves some premeditation. Add in the other guilty charges and it seems like he was involved in some drive by that was planned out in advance.

That being said...I'd seriously talk to his counsel. They'd know way way more than any of us.
 

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Quote:


Originally Posted by SiCK
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1st degree murder, 2 counts of attempted murder, permitting another to discharge firearm from vehicle, discharge firearm from vehicle, shoot at inhabited dwelling;

Find better friends.
 

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Discussion Starter #6
Quote:


Originally Posted by ljason8eg
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If he's in the appeals process then he's already been convicted. This is long past simply being charged with something.

Also, that looks like a pretty serious conviction. First degree murder usually involves some premeditation. Add in the other guilty charges and it seems like he was involved in some drive by that was planned out in advance.

That being said...I'd seriously talk to his counsel. They'd know way way more than any of us.


with that said bro if the appeal at the end went in his favor would that grant him another trial?or shorten the sentence?
 

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Bye Bye Life. Don't be dumb, kids.

Quote:


Originally Posted by SiCK
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with that said bro if the appeal at the end went in his favor would that grant him another trial?or shorten the sentence?

Either way he will rot in jail with all of those charges, and for a good reason.
 

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Quote:


Originally Posted by SiCK
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with that said bro if the appeal at the end went in his favor would that grant him another trial?or shorten the sentence?

I believe it would go to trial again, but seriously...with charges like those, sounds like to me he's just appealing because he has the right to do so. Kinda like those guys on death row that are guilty beyond belief and are still appealing in any way they can.
 

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Ummm....I think threads like these should be treated the same as medical threads.

You will need professional legal counsel. Yes they're expensive and will probably rip you off, but they know what they're talking about, we don't.
 

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My goodness, I'd have to imagine they have something that ties him to some sort of direct involvement instead of saying "he was there" if he's been charged with such serious offences or even if he was just there that doesn't really make a difference in a case like this i'm guessing, It's not looking good at all...Poor guys life might be over sorry to say...
 

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Without more information, it's not really possible to help. It looks like it was a shooting from a house to outside (Inhabited dewelling charge). This makes me think it's either a personal shooting, or a home defense situation. In a home defese situation, it varies by state to state immensly. Some states laws are absurd and should be fought tooth and nail (namely states with no gun defense rights). If it wasn't a defensive shooting, well then there is not much you can do. If he truly wasn't involved, then I hope one day he gets revenge on the state with a MASSIVE lawsuit and epic amounts of money.
 

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No, it doesn't sound like a home defense situation...

Quote:
permitting another to discharge firearm from vehicle, discharge firearm from vehicle, shoot at inhabited dwelling
Sounds like a drive by shooting where he was the driver. It resulted in a murder.

Most laws state that if you are committing a crime and someone gets killed, even if it's not your fault, all actors of the original crime are responsible for the murder as the murder is directly related to the original crime.

For example, if I was robbing a jewelry store with a crew and Mr. Blonde goes nuts and starts shooting people, I am guilty along with the rest of the crew just as much as Mr. Blonde.

It's called murder during the commission of a felony.
 

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Quote:

Originally Posted by Dronac View Post
Without more information, it's not really possible to help. It looks like it was a shooting from a house to outside (Inhabited dewelling charge). This makes me think it's either a personal shooting, or a home defense situation. In a home defese situation, it varies by state to state immensly. Some states laws are absurd and should be fought tooth and nail (namely states with no gun defense rights). If it wasn't a defensive shooting, well then there is not much you can do. If he truly wasn't involved, then I hope one day he gets revenge on the state with a MASSIVE lawsuit and epic amounts of money.
Read the op again he was in the car that was doing a driveby. Going by the way it reads he was the one doing the driving.
 

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/facepalm. For some reason I read "Shot from inhabited dwelling". Yeah, it's hard to claim defense from a vehical, especially if it's first degree murder.
 

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Also it's not really very urgent or important. There's pretty much nothing the OP can do but watch from the sidelines. I'm sure his friend hired the best lawyers he could afford.
 

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Quote:

Originally Posted by pelirrojo View Post
Also it's not really very urgent or important. There's pretty much nothing the OP can do but watch from the sidelines. I'm sure his friend hired the best lawyers he could afford.
Plus, they have the next 25 years to life to figure it all out.
 

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Discussion Starter #17
this new update was released today and i dont understand it hopefully someone here can break it down to me im patiently waiting for someone reply...

03/23/2010 Opinion filed. (Signed Unpublished) The judgment of conviction is affirmed. The trial court is directed to modify the judgment of sentence to expressly impose restitution in a joint and several manner and amend the abstract of judgment accordingly. The trial court is further directed to correct the abstract of judgment to reflect the imposition of a 10 year term under section 12022.53 subdivision (b) with respect to count 4. The trial court shall transmit certified copies of the amended abstract to all appropriate parties and entities. Poochigian, Vartabedian, Gomes (31 pgs)
 

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Discussion Starter #18
Quote:


Originally Posted by SiCK
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this new update was released today and i dont understand it hopefully someone here can break it down to me im patiently waiting for someone reply...

03/23/2010 Opinion filed. (Signed Unpublished) The judgment of conviction is affirmed. The trial court is directed to modify the judgment of sentence to expressly impose restitution in a joint and several manner and amend the abstract of judgment accordingly. The trial court is further directed to correct the abstract of judgment to reflect the imposition of a 10 year term under section 12022.53 subdivision (b) with respect to count 4. The trial court shall transmit certified copies of the amended abstract to all appropriate parties and entities. Poochigian, Vartabedian, Gomes (31 pgs)


MIGHT this mean that he got ten years only instead of his original sentence or am i way off???
 

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Sounds like it they are asking for that. "Opinion filed".
 

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Closed. This is not the kind of topic we are comfortable with hosting. Not only is it completely outside the Site Topic in general ( Regardless of OT ) this is something that Legally shoud be discussed with the courts and people Qualified to help your ''Friend''
 
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