Opinion
S224724
03-06-2017
PEOPLE v. GUTIERREZ, JR., (RENE)
F065481/F065984Fifth Appellate District
Order filed
The order filed on March 3, 2017, in cause S224724, is hereby amended to read, in its entirety:
The matters of People v. Enriquez (F065288), People v. Gutierrez (F065984), and People v. Ramos (F065481) were consolidated in the Fifth District Court of Appeal and were a single cause denominated People v. Enriquez, S224724, on review in this court. 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 a brief as amicus curiae in this cause, informed the court that Ms. Janet Gray, counsel for Enriquez, suffered an injury that will interfere with her ability to present oral argument as scheduled. The court transmitted a letter inquiry to all counsel asking counsel to inform the court who would present oral argument on behalf of appellants and to address any other matter relevant to the oral argument in this matter. Attached to this letter was the February 15th focus letter sent by the court to counsel, which identified three specific prospective jurors 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, counsel for Gutierrez, e-mailed a letter to the court in which he conveyed that he was willing to argue on behalf of all three appellants on March 7 and would begin preparation immediately. Ms. Gray e-mailed the court the afternoon of March 3 to request a continuance of oral argument in this matter.
The matter of People v. Enriquez (F065288) is severed and redocketed as S240419. The other two matters - People v. Gutierrez (F065984) and People v. Ramos (F065481) - will proceed as People v. Gutierrez, S224724. The court defers further action in People v. Enriquez, S240419, pending consideration and disposition of related issues in People v. Gutierrez, S224724, or pending further order of the court. (Cal. Rules of Court, rule 8.512(d)(2).) People v. Gutierrez, S224724, remains on the court's calendar for oral argument on March 7, 2017.