NoticeCal. Super. - 6th Dist.August 20, 20213/202 Electronically Filed \ by Superior Court of‘CCA, County of Santa Clam, Reviewed By: Tunisia Turne Case #21AP002746 Envelope: 7969366 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA APPELLATE DEPARTMENT PEOPLE OF THE STATE OF CALIFORNIA, Appeal No. 2 1AP002746 Plaintiff and Respondent, Trial Court Case N0. C 1 9 1 5282 vs. MICHAEL PADEN DAY, Defendant and Appellant. vvvvvvvvvv NOTICE OF RESPONDENT’S INTENTION TO SUBMIT THE MATTER (APPELLANT FILED BRIEF PURSUANT TO PEOPLE V. WENDE (1979) 25 Cal.3d 436) ON APPEAL FROM THE JUDGMENT OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA THE HONORABLE CHRISTINE GARCIA-SEN, JUDGE OF THE SUPERIOR COURT JEFFREY F. ROSEN, State Bar N0. 163589 DISTRICT ATTORNEY Kaci R. Lopez, State Bar N0. 173659 Supervising Deputy District Attorney 70 West Hedding Street, West Wing San Jose, California 951 10 Telephone: (408) 792-2805 Email: KLopez@dao.sccgov.org Attorneys for the People/Respondent JEFFREY F. ROSEN, State Bar No. 163589 DISTRICT ATTORNEY Kaci R. Lopez, State Bar N0. 173659 Supervising Deputy District Attorney 70 West Hedding Street, West Wing San Jose, California 951 10 Telephone: (408) 792-2805 Email: KLopez@da0.sccg0V.org Attorneys for the People/Respondent SUPERIOR COURT OF CALIFORNIA, COUNTY 0F SANTA CLARA APPELLATE DEPARTMENT PEOPLE OF THE STATE OF CALIFORNIA, Appeal N0. 2 1AP002746 Plaintiff and Respondent, Trial Court Case No. C1915282 MICHAEL PADEN DAY, ) ) ) ) vs. ) ) ) ) Defendant and Appellant. ) ) NOTICE 0F RESPONDENT’S INTENTION T0 SUBMIT THE MATTER The Respondent does not intend to file a brief responding to Appellant’s Opening Brief, which relies on People v. Wende (1979) 25 Cal.3d 436. Instead, the People Will submit the issue to the Court for decision. If Appellant files a supplemental brief relying on an appellate theory other than People v. Wende (1979) 25 Cal.3d 436, then Respondent respectfully requests leave to file a supplemental brief. Dated: January 3, 2022 Respectfully submitted, JEFFREY F. ROSEN DISTRICT ATTORNEY By: vléax/o fi.W KACI R. LOPEZ Supervising Deputy District Attorney People v. Michael Paden Day, No. 21AP002746 Notice of Respondent’s Intention to Submit the Matter (Wende) Page 1 Case Name: PEOPLE v. MICHAEL PADEN DAY Appellate Case N0.: 21AP002746 Trial Case N0: C1915282 PROOF OF SERVICE I am a citizen of the United States, employed in the County of Santa Clara, State of California. I am over the age 0f 18 years and not a party to the above-entitled action. My business address is: Office of the District Attorney, 70 W. Hedding Street, West Wing, San Jose, California 951 10. On January 3, 2022, I served the following document(s) upon the interested parties herein by the method(s) indicated below: NOTICE OF RESPONDENT’S INTENTION TO SUBMIT THE MATTER _X_ BY EMAIL: by emailing a true copy thereof to the following: Teresa Biagini, State Bar N0. 181019 Honorable Christine Garcia-Sen tbiagini@aol.c0m Judge 0f the Superior Court Superior Court 0f Santa Clara County SSCrimInf0@scscourt.0rg _ BY FACSIMILE TRANSMISSION: by faxing a true copy thereof to the recipient at the facsimile number indicated: _ BY COUNTY PONY MAIL: by placing a true copy thereof, enclosed in a sealed envelope, addressed as follows: I declare under penalty 0f perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed 0n January 3, 2022, at Santa Clara county, callfomla. DocuSigned by: $0M EM 1F77Rn01 1§n1AFQ Sophal Kim
