Opinion
S224724
03-03-2017
PEOPLE v. ENRIQUEZ, (RAMIRO)
F065288/F065481/F065984
Fifth Appellate District
Order filed
This court has granted review and consolidated the matters of People v. Enriquez, People v. Gutierrez, and People v. Ramos (see S224724). All three appellants filed separate briefs, and all joined in the others' arguments. Oral argument in this consolidated matter is set for March 7, 2017.
On March 2, the Office of the State Public Defender, which filed an amicus brief in this matter, informed the court that Ms. Janet Gray, counsel for Enriquez, has suffered an injury that will interfere with her ability to present oral argument next week. The court transmitted a letter inquiry to all counsel, asking counsel to inform the court as to who will present oral argument on behalf of appellants and to address any other matter relevant to the holding of oral argument in this matter. Attached to this letter was the February 15th focus letter sent to counsel, which identified three specific prospective jurors whom counsel should be prepared to discuss at argument. Those same three prospective jurors were the focus of briefing by Gutierrez.
On the morning of March 3, in response to the court's letter inquiry, Mr. Scott Concklin, who is counsel for Gutierrez, e-mailed a letter to the court in which he conveyed that he is willing to argue on behalf of all three appellants on March 7 and will begin preparation immediately.
Ms. Gray e-mailed the court the afternoon of March 3 to request a continuance of oral argument in this matter.
Upon consideration, the court designates Gutierrez the lead case in this consolidated matter, and the matters of Gutierrez and Ramos remain on the court's calendar for oral argument on March 7, 2017. The court defers all further action in the matter People v. Enriquez pending consideration and disposition of related issues in Gutierrez and Ramos or pending further order of the court. (Cal. Rules of Court, rule 8.512(d)(2).)