PEOPLE v. SIMON (RICHARD)Respondent’s Additional Authorities LetterCal.May 16, 2016GOryY SUPREME COURT COPY KAMALA D. HARRIS State of California Attorney General DEPARTMENTOFJUSTICE 600 WEST BROADWAY,SUITE 1800 SAN DIEGO, CA 92101 P.O. BOX 85266 SAN DIEGO, CA 92186-5266 Public: (619) 645-2001 Telephone: (619) 645-2216 Facsimile: (619) 645-219) E-Mail: Eric. Swenson@doj.ca.gov May13, 2016 Frank A. McGuire ELCOURT Supreme Court Clerk/Administrator | L E D Supreme Court of the State of California 350 McAllister Street MAY 16 2016 San Francisco, CA 94102-4797 Frank A. McGuire Clerk RE: People v. Richard Nathan Simon Deputy Supreme Court of the State of California, Case No. S102166 Dear Mr. McGuire: This case is scheduled for oral argument on Thursday, May 26, 2016, at 1:30 p.m., in San Francisco, For the Court’s consideration, the People cite the following additional authority not containedin the briefs onfile. Argument I: People v. Montes (2014) 58 Cal.4th 809, 838-843 [use of stun belt at trial]; People v. Jackson (2014) 58 Cal.4th 724, 738-748 [same]. ArgumentIII: People v. Thomas (2012) 53 Cal.4th 771, 799-801 [trial court properly denied motion to sever charges]. Argument IV: People v. Duff(2014) 58 Cal.4th 527, 561-562 [trial court properly declined to instruct the jury on second degree murder and voluntary manslaughter]; People v. Souza (2012) 54 Cal.4th 90, 116-117 [jury not forced into an “all or nothing” choice between murder and acquittal after the court refused to instruct on voluntary manslaughter]. Respectfully Submitted, ERIC A. SWENSON Supervising Deputy Attorney General For KAMALAD. HARRIS Attorney General EAS:cp $D2001XS0008 }JicATh PENALTY DECLARATION OF SERVICE BY U.S. MAIL Case Name: People v. Richard N. Simon No.: $102166 I declare: Iam employed in the Office of the Attorney General, whichis the office of a memberofthe 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. F am familiar with the business practice at the Office of the Attorney Generalfor collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondenceplacedin 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 dayin the ordinary course of business. On May 13, 2016, I served the attached Supplemental Authorities Letter by placing a true copy thereof enclosed in a sealed envelope in the internal mail collection system at the Office of the Attorney General at 110 West A Street, Suite 1100, P.O. Box 85266, San Diego, CA 92186- 5266, addressed as follows: Kimberly J. Grove, Esq. P.O. Box 425 Ligonier, PA 15658 Attorney for Richard Nathan Simon (2 copies) kimgrove@yahoo.com I declare under penalty of perjury under the laws of the State of California the foregoingis true and correct andthat this declaration was executed on May 13 2016, at San Diego, California. C. Pryor abn Declarant 7),Signature
