Opinion
S200016
11-09-2022
PEOPLE v. TOPETE (MARCO ANTONIO)
Order filed
It has come to the court's attention that the clerk's transcript in the copies of the record on appeal that were sent to the parties and others under rules 8.619(f) and 8.622(e) of the California Rules of Court may have included the personal identifying information of a trial juror in violation of the Code of Civil Procedure, section 237, subdivision (a), and rules 8.332 and 8.611 of the California Rules of Court. (See also Code of Civ. Proc., § 237, subd. (f) [prohibiting disclosure of unlawfully secured personal juror identifying information].) Within 30 days from the date of this order, counsel for both parties, the Habeas Corpus Resource Center, the Office of the State Public Defender, the California Appellate Project, and the Governor must inspect Volume 22, page 5951 of the clerk's transcript on appeal and, if a juror's personal identifying information has been left unredacted, return to the Clerk of the superior court that volume of the clerk's transcript on appeal. If any copies of the record on appeal are returned to the Clerk of the superior court, the Clerk must, within 60 days from the date of this order, (1) prepare a new version of the volume(s) of the clerk's transcript in which all personal identifying information of any trial juror has been removed and replaced by appropriate identifying numbers, as required by section 237, subdivision (a), and rules 8.332 and 8.611, in particular such information appearing on page 5951 of Volume 22; and (2) send copies of the new redacted volume(s) to counsel for the parties and others as required in rules 8.619(f) and 8.622(e).