PEOPLE v. GOMEZ

Respondent’s Focus Issues Letter

Cal.August 14, 2018

X4 VIER BECERRA Attorney General Jorge E. Navarrete Clerk of the Supreme Court · California Supreme Court 350 McAllister Street San Francisco, CA 94102 August 13, 2018 State of California DEPARTMENT OF JUSTICE 300 SOUTH SPRING STREET, SUITE 1702 LOS ANGELES, CA 90013 Public: (213) 269-6000 Telephone: (213) 269-6162 Facsimile: (213) 897-6496 E-Mail: David.Voet@doj.ca.gov RE: People v. Ruben Perez Gomez (Death Penalty) Case No. S087773; Our File No. LA20D1XS0008 Dear Mr. McGuire: The Court has requested that counsel advise the Court and opposing counsel by letter of those issues on which counsel expects to focus at oral argument, calendared for September 5, 2018. As counsel for respondent, I intend to focus my argun1ent on the issues identified in opposing counsel's focus letter. I have currently been advised that appellant will focus on: Argument VII, regarding the allegation the trial court erred by instructing the jurors they could consider appellant's refusal to come to court as evidence of a consciousness of guilt; and Argun1ent XX, regarding the allegation the trial court erred during the penalty phase by permitting the prosecution to introduce evidence regarding the ethnic background of two sheriffs deputies appellant assaulted while in custody. In addition, I will be prepared to address any matter of interest to the Court. · Sincerely, DAVID A. VOET Deputy Attorney General For XAVIER BECERRA Attorney General DECLARATION OF ELECTRONIC SERVICE AND SERVICE BY U.S. MAIL Case Name: No.: I declare: People v. Gomez S087773 I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age· or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collecting and processing electronic and physical correspondence. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service with postage thereon fully prepaid that same day in the ordinary course of business. Correspondence that is submitted electronically is transmitted using th~ TrueFiling electronic filing system. Participants who are registered with TrueFiling will be served electronically. Participants in this case who are not registered with TrueFiling will receive hard copies of said correspondence through the mail via the United States Postal Service or a commercial carrier. On August 14, 2018, I electronically served the attached Letter by transm1tting a true copy via this Court's TrueFiling system. Because one or more of the participants in this case have not registered with the Court's TrueFiling system or are unable to receive electronic correspondence, on August 14, 2018, I placed a true copy thereof enclosed in a sealed envelope in the internal mail collection system at the Office of the Attorney General at 3 00 South Spring Street, Suite 1702, Los Angeles, CA 90013, addressed as follows: Laura M. Kelly Millard, Holweger, Child & Marton Counsel for Appellant CE-service via TrueFiling) Anthony C. Manzella, Jr. Deputy District Attorney Los Angeles County District Attorney's Office 210 West Temple Street, Suite 18000 Los Angeles, CA 90012 Roy L. Wallen Deputy Alternate Public Defender Los Angeles County Alternate Public Defender's Office 320 West Temple Street Los Angeles, CA 90012 Sonja Hardy Death Penalty Appeals Clerk Los Angeles County Superior Court Criminal Appeals Unit Clara Shortridge Foltz Criminal Justice Center 210 West Temple Street, Room M-3 Los Angeles, CA 90012 The Honorable William R. Pounders Assigned Judge Los Angeles County Superior Court Clara Shortridge Foltz Criminal Justice Center 210 West Temple Street Los Angeles, CA 90012-3210 Maria Arvizo-Knight Administrator I Death Penalty Appeals Clerk Criminal Appeals Unit Clara Shortridge Foltz Building-CJC 210 West Temple Street, Room M-3 Los Angeles, CA 90012 I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on August 14, 2018, at Los Angeles, California. LA200!XS0008 62918820.docx Lily Hood Declarant 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: david.voet@doj.ca.gov 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 S087773LetterPeoplevGomez Service Recipients: Person Served Email Address Type Date / Time eService California Appellate Project California Appellate Project 000000 filing@capsf.org e- Service 8/14/2018 11:16:26 AM Laura Kelly Attorney at Law 234036 lkelly@lkellylaw.net e- Service 8/14/2018 11:16:26 AM 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. 8/14/2018 Date /s/David Voet Signature Voet, David (182544) Last Name, First Name (PNum) CA Attorney General's Office - Los Angeles Law Firm