PEOPLE v. PEREZ

Respondent’s Focus Issues Letter

Cal.October 16, 2017

XAVIER BECERRA State of California Attorney General DEPARTMENT OF JUSTICE 455 GOLDEN GATE AVENUE, SUITE 11000 SAN FRANCISCO, CA 94102-7004 Public: (415) 703-5500 Telephone: (415) 703-5855 Facsimile: (415) 703-1234 E-Mail: John.Deist@doj.ca.gov October 16, 2017 Jorge E. Navarrete Clerk of the Court/Administrator Supreme Court of California 350 McAllister Street San Francisco, CA 94102-4797 RE: People v. Joseph Perez Supreme Court of the State of California, Case No. S104144 Dear Mr. Navarrete: At oral argument of this matter, I do not intend to raise any issues on my own. Instead, I will respond to the questions from the Court and the arguments of opposing counsel. In his focus letter dated October 12, 2017, counsel for appellant states that he intends to argue: Argument III: The trial judge erred by failing to disqualify himself because of prior comments that indicated he could not be impartial. Argument VII: Appellant’s rights were violated when the trial court removed a sworn and sitting juror during the guilt phase of trial. Argument XVII: The trial court erred in allowing inadmissible hearsay testimony from a pathologist who had not been present at the autopsy of the victim. Argument II: Lead defense counsel had a conflict of interest, as the trial judge had found him ineffective in a case pending in the Court of Appeal. Thank you very much. Supreme Court California S.F. October 16, 2017 Page 2 Sincerely, /s/ John H. Deist JOHN H. DEIST Deputy Attorney General SBN: 136469 For XAVIER BECERRA Attorney General JHD:sc SF2002XS0001 21034550.docx DECLARATION OF SERVICE Case Name: People v. Joseph Perez No.: S104144 I declare: 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 the 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 October 16, 2017, I electronically served the attached JORGE E. NAVARRETE, CLERK OF THE COURT/ADMINISTRATOR by transmitting 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 October 16, 2017, 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 455 Golden Gate Avenue, Suite 11000, San Francisco, CA 94102-7004, addressed as follows: A. Richard Ellis Attorney at Law 75 Margee Avenue Mill Valley, CA 94941 Email Address: a.r.ellis@att.net (Via TrueFiling) Scott Kaufman Attorney at Law California Appellate Project 101 Second Street, Suite 600 San Francisco, CA 94105 Email Address: filing@capsf.org (Via TrueFiling) Douglass MacMaster Acting District Attorney Contra Costa County District Attorney's P.O. Box 670 Martinez, CA 94553 Email Address: appellate.pleading@conracostada.org (Via TrueFiling) Clerk of the Court Contra Costa County Superior Court Wakefield Taylor Courthouse 725 Court Street Martinez, CA 94553-1233 (Via U.S. Mail) 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 October 16, 2017, at San Francisco, California. S. Chiang /s/ S. Chiang Declarant Signature SF2002XS0001 21035123.doc STATE OF CALIFORNIA Supreme Court of California PROOF OF SERVICE STATE OF CALIFORNIA Supreme Court of California Case Name: PEOPLE v. PEREZ (JOSEPH ANDREW) Case Number: S104144 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: john.deist@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 Letter to Clerk of the Court Service Recipients: Person Served Email Address Type Date / Time A. Ellis Attorney at Law 64051 a.r.ellis@att.net e- Service 10-16- 2017 4:33:09 PM California Department of Justice Docket Unit California Dept of Justice, Office of the Attorney General SFAG.Docketing@doj.ca.gov e- Service 10-16- 2017 4:33:09 PM Contra Costa DA Contra Costa District Attorney's Office California Dept of Justice, Office of the Attorney General appellate.pleading@contracostada.org e- Service 10-16- 2017 4:33:09 PM eService California Appellate Project California Appellate Project 000000 filing@capsf.org e- Service 10-16- 2017 4:33:09 PM John Deist California Dept of Justice, Office of the Attorney General 136469 john.deist@doj.ca.gov e- Service 10-16- 2017 4:33:09 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. 10-16-2017 Date /s/John Deist Signature Deist, John (136469) Last Name, First Name (PNum) California Dept of Justice, Office of the Attorney General Law Firm