PEOPLE v. WESTERFIELDAppellant’s Focus Issues LetterCal.October 18, 2018SUPREME COURT OF CALIFORNIA Supreme Court of California lovivomwally RECEIVED on POSES ZOEK al PLAS AG DD rae E. Ne > i ffi f CHeciromvaliy RECEEVELY on POES°2098 wl T2A ad PM Jorge E. avarrete. Clerk and Executive Of icerof the Court Electronically FILED on 10/18/2018 by April Boelk, Deputy Clerk MARKD. GREENBERG AttomneyatLaw | SUPREME COURT COPY484 Lake Park Avenue, No. 429 Oakland, CA 94610 (510) 452-3126 markdgreen2@comcast.net October 18, 2018 California Supreme Court San Francisco, CA 94102 ATTN: April Boelk, Automatic Appeals Unit Supervisor Re: People v. Westerfield, S112691; advisementof focus issues, and request for 45 minute allotment Dear Ms. Boelk, This case has been calendared for oral argument for November7, 2018 at 10 a.m. On behalfof appellant, this letter is to advise the Court of the issuesI intend to focus on at oral argument. Theseare identified by the numeration used in appellant’s opening brief and by brief statementofthe issues. I will of course be prepared to address any other issue raised in the case as the Court deemsit appropriate. I. The denial of appellant’s Fourth Amendment motion to suppress evidence. II. The refusal of the trial court to grant appellant’s request for additional peremptory challenges. IV. and XXII. The denial of appellant’s request to sequester the guilt phase jury, and alternatively, the denial of the request to sequester the penalty jury. V. The improperjoinder of misdemeanorchild pornography counts to the capital charges. I would also request on behalf of appellant Westerfield an allotment of 45 minutes for argument. NALTYDEIN Please bring this letter to the attention of the Court. Thank you. Yourstruly, /s/ Mark D. Greenberg Attorney for Appellant PROOF OF SERVICE The undersignedcertifies that he is an active memberofthe State Bar of California, not a party to the within action, and his business address is 484 Lake Park Avenue, No. 429, Oakland, California; that he served a copy ofthe following documents: LETTER DESIGNATING FOCUS ISSUES FOR ORAL ARGUMENT, AND REQUEST FOR A 45 MINUTE ALLOTMENT FOR ARGUMENT Thoughthe court’s truefiling system to: CALIFORNIA APPELLATE PROJECT ATTORNEY GENERAL OF THE STATE OF CALIFORNIA I declare underpenalty of perjury that the foregoing is true and correct and that this declaration was executed on October 18, 2018 at Oakland, California. /s/ Mark D. Greenberg Attorney at Law Jorge E. Navarrete, Clerk and Executive Officerof the Court STATE OF CALIFORNIA Supreme Court of California PROOF OF SERVICE STATE OF CALIFORNIA Supreme Court of California Case Name: PEOPLE v. WESTERFIELD (DAVID ALAN) Case Number: §112691 Lower Court Case Number: Electronically FILED on 10/18/2018 by April Boelk, Deputy Clerk 1. At the time of service I wasat least 18 years of age and nota party to this legal action. 2. My email address used to e-serve: markdgreen2@comcast.net 3. I served by email a copy of the following document(s) indicated below: Title(s) of papers e-served: Filing Type DocumentTitle LETTER Westerfield focusletter Service Recipients: Person Served Email Address Type Date /Time Attorney General - San Diego Office robin.urbanski@doj.ca.gov e- 10/18/2018 Robin Urbanski, Deputy Attorney General Service|12:48:47 SDG PM eService California Appellate Project filing@capsf-.org e- 10/18/2018 California Appellate Project Service|12:48:47 000000 PM Holly Wilkens Holly.Wilkens@doj.ca.gov e- 10/18/2018 DepartmentofJustice, Office of the Attorney General-San Diego Service]12:48:47 88835 PM Mark Greenberg markdgreen2@comcast.net e- 10/18/2018 Attorney at Law Service]12:48:47 99726 PM Mark Greenberg markdgreen2@comcast.net e- 10/18/2018 Mark D. Greenberg Service}1 2:48:47 99726 PM Mark Greenberg markdgreen2@comcast.net e- 10/18/2018 Attorney at Law Service}12:48:47 99726 PM Robin Urbanski Robin.Urbanski@doj.ca.gov e- 10/18/2018 Departmentof Justice, Office of the Attorney General-San Diego Service]12:48:47 228485 PM San Diego District Attorney da.appellate@sdcda.org e- 10/18/2018 Department ofJustice, Office of the Attorney General-San Diego Service|]12:48:47 PM San Diego Superior Court Appeals.Central@SDCourt.ca.govle- 10/18/2018 DepartmentofJustice, Office of the Attorney General-San Diego Service|12:48:47 PM SDAGDocketing sdag.docketing@do}.ca.gov e- 10/18/2018 Departmentof Justice, Office of the Attorney General-San Diego Service|12:48:47 PM Stephen McGee Stephen.McGee@doj.ca.gov e- 10/18/2018 Departmentof Justice, Office of the Attorney General-San Diego Service}12:48:47 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 underthe lawsof the State of California that the foregoingis true and correct. 10/18/2018 Date /s/Mark Greenberg Signature Greenberg, Mark (99726) Last Name, First Name (PNum) Mark D. Greenberg Law Firm SUPREME COURT OF CALIFORNIA Supreme Court ot California Heetronteally RECEIVIELY oar LATSZO TS a0)8-58 AM Jorge E. Navarrete, Clerk and Executive Officerof the Court Electronically FILED on 10/19/2018 by April Boelk, Deputy Clerk AMENDED PROOF OF SERVICE FOR FOCUS LETTER The undersignedcertifies that he is an active memberofthe State Bar of California, not a party to the within action, and his business address is 484 Lake Park Avenue, No. 429, Oakland, California; that on October 18, 2018 he served a copy of the following documents: LETTER DESIGNATING FOCUS ISSUES FOR ORAL ARGUMENT, AND REQUESTFORA 45 MINUTE ALLOTMENT FOR ARGUMENT Though the court’s truefiling system to: CALIFORNIA APPELLATE PROJECT ATTORNEY GENERAL OF THE STATE OF CALIFORNIA And that on that same date he served by placing samein a sealed envelope, fully prepaying the postage thereon, and depositing said envelope in the United States mail at Oakland, California on Ocrober 18, 2018, addressed as follows: David Westerfield, T-77622 San Quentin State Prison San Quentin, CA 94974 I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on October 19, 2018 at Oakland, California. /s/ Mark D. Greenberg Attorney at Law Jorge E. Navarrete. Clerk and Executive Officer of the Court STATE OF CALIFORNIA Supreme Court of California PROOFOF SERVICE STATE OF CALIFORNIA Supreme Court of California Case Name: PEOPLE v. WESTERFIELD (DAVID ALAN) Case Number: 8112691 Lower Court Case Number: Electronically FILED on 10/19/2018 by April Boelk, Deputy Clerk 1. At the time of service I wasat least 18 years of age and nota party to this legal action. 2. My email address used to e-serve: markdgreen2@comcast.net 3. I served by email a copyof the following document(s) indicated below: Title(s) of papers e-served: Filing Type Document Title LETTER Westerfield amended proofof service focusletter Service Recipients: Person Served Email Address Type Date iTime Attorney General - San Diego Office robin.urbanski@doj.ca.gov e- 10/19/2018 Robin Urbanski, Deputy Attorney General Service|9:33:56 SDG AM eService California Appellate Project filing@capsf.org e- 10/19/2018 California Appellate Project Service|9:33:56 000000 AM Holly Wilkens Holly.Wilkens@doj.ca.gov e- 10/19/2018 Department of Justice, Office of the Attorney General-San Diego Service|9:33:56 88835 AM Mark Greenberg markdgreen2@comcast.net e- 10/19/2018 Attorney at Law Service|9:33:56 99726 AM Mark Greenberg markdgreen2@comcast.net e- 10/19/2018 Mark D, Greenberg Service/9:33:56 99726 AM Mark Greenberg markdgreen2/@comcast.net e- 10/19/2018 Attorney at Law Service|9:33:56 99726 AM Robin Urbanski Robin.Urbanski@doj.ca.gov e- 10/19/2018 Department of Justice, Office of the Attorney General-San Diego Service|9:33:56 228485 AM San Diego District Attorney da.appellate@sdcda.org e- 10/19/2018 Department of Justice, Office of the Attorney General-San Diego Service|9:33:56 AM San Diego Superior Court Appeals.Central@SDCourt.ca.govje- 10/19/2018 Departmentof Justice, Office of the Attorney General-San Diego Service|9:33:56 AM SDAG Docketing sdag.docketing@do}j.ca.gov e- 10/19/2018 Departmentof Justice, Office of the Attorney General-San Diego Service|9:33:56 AM Stephen McGee Stephen.McGee@doj.ca.gov e- 10/19/2018 Departmentof Justice, Office of the Attorney General-San Diego Service|9:33:56 AM This proof of service was automatically created, submitted and signed on my behalf through my agreements with TrueFiling andits contents are true to the best of my information, knowledge, and belief. 1 declare under penalty of perjury underthe lawsof the State of California that the foregoing is true andcorrect. 10/19/2018 Date /s/Mark Greenberg Signature Greenberg, Mark (99726) Last Name, First Name (PNum) Mark D. Greenberg Law Firm
