PEOPLE v. DAVEGGIO & MICHAUD

Respondent’s Focus Issues Letter

Cal.December 14, 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) 703-5941 Facsimile: (415) 703-1234 E-Mail: Huy.Luong@doj.ca.gov December 14, 2017 The Honorable Jorge E. Navarrete Court Administrator and Clerk Supreme Court of the State of California 350 McAllister Street San Francisco, CA 94102 RE: People v. James Anthony Daveggio and Michelle Lyn Michaud, Case No. S110294 Respondent’s Oral Argument Focus Letter Dear Mr. Navarrete: We write to advise the Court that we expect our argument in this case will focus on the issues raised by opposing counsel in their respective focus letters, specifically: Argument I in Appellant Michaud’s Opening Brief: “The trial court committed structural error and violated appellant’s federal constitutional rights to due process, and a jury trial as guaranteed under the Fifth, Sixth, and Fourteenth Amendments by incorrectly instructing the jury on the beyond a reasonable doubt burden of proof.” Argument II in Appellant Michaud’s Opening Brief: “The trial court violated appellant’s federal constitutional right to a jury trial when it erroneously instructed that a person who aids and abets is equally guilty of the crime committed by a perpetrator. The law clearly recognizes that an aider and abettor’s mens rea is personal to the aider and abettor and a fortiori, that an aider and abettor may therefore be guilty of a lesser-included crime than that committed by the actual killer.” Argument X in Appellant Daveggio’s Opening Brief: “The trial court erred in denying appellant’s request for additional time to rebut arguments made on behalf of Michaud, thereby denying appellant the right to due process of law, the right to an attorney, the right to a jury trial, and the right to a reliable determination of The Honorable Jorge E. Navarrete December 14, 2017 Page 2 the facts in a capital case as guaranteed by the Constitution of the United States.” Argument V in Appellant Daveggio’s Opening Brief: “The trial court violated appellant’s constitutional right to a jury trial when it erroneously instructed the jury that a person who aids and abets is equally guilty of the crime committed by a perpetrator, because the law clearly recognizes that an aider and abettor may be guilty of a lesser-included crime.” Respondent will also be prepared to address any other issues on which the Court has questions. Respectfully submitted, /s/ Huy T. Luong HUY T. LUONG Deputy Attorney General State Bar No. 251507 For XAVIER BECERRA Attorney General HTL: SF2002XS0004 21053579.docx DECLARATION OF ELECTRONIC SERVICE AND SERVICE BY U.S. MAIL Case Name: People v. James Anthony Daveggio and Michele Lyn Michaud No.: S110294 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 December 14, 2017, I electronically served the attached RESPONDENT’S ORAL ARGUMENT FOCUS LETTER 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 December 14, 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: David H. Goodwin Attorney at Law [Served via TrueFiling] Janyce K. Blair Attorney at Law [Served via TrueFiling] County of Alameda Criminal Division - Rene C. Davidson Superior Court of California 1225 Fallon Street, Room 107 Oakland, CA 94612-4293 The Honorable Nancy O'Malley District Attorney Alameda County District Attorney's Office [Served via email: ACDAdocket@acgov.org] Kathy Moreno Attorney at Law [Served via TrueFiling] California Appellate Project (SF) [Served via TrueFiling] 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 December 14, 2017, at San Francisco, California. Tan Nguyen /s/ Tan Nguyen Declarant Signature SF2002XS0004 ; 21053824.docx STATE OF CALIFORNIA Supreme Court of California PROOF OF SERVICE STATE OF CALIFORNIA Supreme Court of California Case Name: PEOPLE v. DAVEGGIO & MICHAUD Case Number: S110294 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: Huy.Luong@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 Respondents Oral Argument Focus Letter Service Recipients: Person Served Email Address Type Date / Time Attorney General - San Francisco Office Huy T. Luong, Deputy Attorney General SFG huy.luong@doj.ca.gov e- Service 12-14- 2017 2:57:36 PM California Department of Justice Docket Unit California Dept of Justice, Office of the Attorney General SFAG.Docketing@doj.ca.gov e- Service 12-14- 2017 2:57:36 PM David Goodwin Attorney at Law 91476 dgood18055@aol.com e- Service 12-14- 2017 2:57:36 PM eService California Appellate Project California Appellate Project 000000 filing@capsf.org e- Service 12-14- 2017 2:57:36 PM Huy Luong California Dept of Justice, Office of the Attorney General 251507 Huy.Luong@doj.ca.gov e- Service 12-14- 2017 2:57:36 PM Janyce Blair Attorney at Law 103600 jkiblair@bleckmanblair.com e- Service 12-14- 2017 2:57:36 PM Janyce Blair Janyce Blair, Attorney at Law 103600 jkiblair@bleckmanblair.com e- Service 12-14- 2017 2:57:36 PM Kathy Moreno Attorney at Law 121701 katmoreno@comcast.net e- Service 12-14- 2017 2:57:36 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. 12-14-2017 Date /s/Huy Luong Signature Luong, Huy (251507) Last Name, First Name (PNum) California Dept of Justice, Office of the Attorney General Law Firm