PEOPLE v. GOMEZAppellant’s Errata LetterCal.August 28, 2018452 1 CAM PUS DR IVE # 1 75 IRVINE, CA 926 1 2 LAURA 5. KELLY ATTORNEY AT LAW The Hon. Jorge Navarette, Clerk California Supreme Court 350 McAllister St. San Francisco, CA 94102-7 421 Re: People v. Ruben Gomez (8087773) August 28, 2018 Dear Mr. Navarette: (949) 737-2042 LKELLY@LKELLYLAW.NET In preparing for oral argument the following errors in appellant's opening brief came to my attention. First, People v. Vargas (1975) 53 Cal.App.3d 516, 530, cited on page 189 of appellant's opening brief, did not involve an escape from custody; rather, it involved a defendant who was out of custody and failed to return on the second day of trial, and who was believed to have fled to Mexico. (Id. at 523.) The portion of Vargas cited and quoted by the trial court at lORT 1605, however, discusses People v. Terry (1970) 2 Cal.3d 362, a case involving a defendant who had escaped from jail before trial. (Vargas, supra, 53 Cal.App.3d at p. 530.) Second, the citations to People v. Watson in footnote 12, page 366, and at the bottom of page 367 are incorrect; the correct citation is 46 Cal.2d at p. 836. In addition, I wish to clarify the first full paragraph on page 9 of appellant's opening brief: The multiple murder special circumstance applied to all the murder counts, not only to counts 10 and 11. (See 2CT 411.) Sincerely, L~ Declaration of Service Re: People v. Ruben Perez Gomez, S087773 On August 28, 2018, I served the within Errata letter on each of the following, by placing true copies thereof in envelopes addressed respectively as follows, and depositing them in the United States mail at Irvine, California: Clerk Mr. Ruben Perez Gomez Los Angeles Co. Superior E99658 Court San Quentin State Prison Capital Appeals Unit San Quentin, CA 9497 4 210 W. Temple St. Room M-3 Los Angeles, CA 90012 Los Angeles District Attorney's Office 210 West Temple St. Los Angeles, CA 90012 Attn.: Anthony Manzella I have served the Attorney General and CAP-SF as reflected in the proof of service generated by TrueFiling. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 28, 2018, at Irvine, California Lau~ 2 STATE OF CALIFORNIA Supreme Court of California PROOF OF SERVICE STATE OF CALIFORNIA Supreme Court of California Case Name: PEOPLE v. GOMEZ (RUBEN PEREZ) Case Number: S087773 Lower Court Case Number: 1. At the time of service I was at least 18 years of age and not a party to this legal action. 2. My email address used to e-serve: lkelly@lkellylaw.net 3. I served by email a copy of the following document(s) indicated below: Title(s) of papers e-served: Filing Type Document Title LETTER Errata letter Service Recipients: Person Served Email Address Type Date / Time Attorney General - Los Angeles Office David Voet, Deputy Attorney General LAG david.voet@doj.ca.gov e- Service 8/28/2018 5:04:09 PM Attorney General - Los Angeles Office David Voet, Deputy Attorney General LAG david.voet@doj.ca.gov e- Service 8/28/2018 5:04:09 PM David Voet CA Attorney General's Office - Los Angeles 182544 david.voet@doj.ca.gov e- Service 8/28/2018 5:04:09 PM David Voet CA Attorney General's Office - Los Angeles 182544 david.voet@doj.ca.gov e- Service 8/28/2018 5:04:09 PM eService California Appellate Project California Appellate Project 000000 filing@capsf.org e- Service 8/28/2018 5:04:09 PM LAAWT Docketing CA Attorney General's Office - Los Angeles DocketingLAAWT@doj.ca.gov e- Service 8/28/2018 5:04:09 PM Laura Kelly Attorney at Law 234036 lkelly@lkellylaw.net e- Service 8/28/2018 5:04:09 PM Laura Kelly Laura Kelly, Attorney at Law 234036 lkelly@lkellylaw.net e- Service 8/28/2018 5:04:09 PM Laura Kelly Attorney at Law 234036 lkelly@lkellylaw.net e- Service 8/28/2018 5:04:09 PM This proof of service was automatically created, submitted and signed on my behalf through my agreements with TrueFiling and its contents are true to the best of my information, knowledge, and belief. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 8/28/2018 Date /s/Laura Kelly Signature Kelly, Laura (234036) Last Name, First Name (PNum) Laura Kelly, Attorney at Law Law Firm
