Opinion
S078895
03-01-2017
PEOPLE v. SIVONGXXAY (VAENE)
Supplemental briefing ordered
Submission is vacated to allow for supplemental briefing. The court directs the parties to serve and file supplemental briefs addressing whether any state-law error as to a special circumstance jury waiver (see People v. Memro (1985) 38 Cal.3d 658, 700-704) may be found harmless based on an evaluation of the likelihood that, absent the error, defendant would have chosen not to waive a jury trial as to the special circumstance allegation. (Cf. People v. Blackburn (2015) 61 Cal.4th 1113, 1130-1137; People v. Tran (2015) 61 Cal.4th 1160, 1168-1170; People v. Martinez (2013) 57 Cal.4th 555; People v. Superior Court (Zamudio) (2000) 23 Cal.4th 183; People v. Sanchez (1995) 12 Cal.4th 1, 30-31; People v. McClellan (1993) 6 Cal.4th 367; In re Alvernaz (1992) 2 Cal.4th 924; U.S. v. Williams (7th Cir. 2009) 559 F.3d 607, 610-616; Fortune v. U.S. (D.C. 2013) 59 A.3d 949, 955-957; State v. Little (Minn. 2014) 851 N.W.2d 878, 883-886; State v. Williams (Or.Ct.App. 2005) 104 P.3d 1151, 1153; see 6 RT 903-905.)
The parties are directed to serve and file simultaneous letter briefs addressing this question on or before March 15, 2017. Any reply to the supplemental briefs must be served and filed on or before March 22, 2017. No extensions will be granted.
Subject to further order of this court, the matter will be submitted on the date that the last supplemental brief is or could be timely filed under this order or any subsequent order of this court. (See Cal. Rules of Court, rule 8.524(h).)