Opinion
S213242
07-20-2022
PEOPLE v. SMITH (CHARLES)
Record decertification granted
Appellant's “Motion to Decertify and Preclude Filing of the Record and Remand to the Superior Court for Augmentation and Correction,” filed on February 8, 2022, is granted as follows. The matter of the certification for accuracy of the record on appeal is remanded to the superior court. The superior court is ordered to consider the requests made in appellant's “Motion to Decertify and Preclude Filing of the Record and Remand to the Superior Court for Augmentation and Correction,” except for item B regarding Moore's third trial transcripts, and is further ordered to correct the record to reflect the undisputed modifications to which the parties and court below agreed, as set forth in Exhibit H to appellant's motion, and to prepare any appropriate corrections and additional materials necessary to creating a record that complies with rule 8.610 of the California Rules of Court. All corrections and material added to the existing record pursuant to this order must be sent to appellate counsel for the parties, who must promptly review such corrections and material for compliance with this order and, when they have finished their review, inform the superior court either that the record is ready to be recertified for accuracy or explain why specific further additions or corrections should be made. The superior court is ordered to then prepare all corrections and additional materials, recertify the record for accuracy, and send the corrections and additional materials to this court, with copies to counsel, and to do so by November 17, 2022.