PEOPLE v. HARDYAppellant’s Focus Issues LetterCal.February 13, 2018Supreme Corrt ob Galbsrinct Supreme Compt of Calinerniné jonas ho Nawarrete a lerk and Rxecitive Offer atthe Wourt kK S -. eerrip acoaie vas ta \N IK. HAL Electronically RECEIVED on 2/13:2018 at.35.15 AM mrrea sen . PROFESSIONAL LAW CORPORATION deree fh Nawairrete. Clerk ard kxecntive iriver of the Gort Electronically FILED an 2/13/2018 by Regine Ho. Deputy Clerk 991 Lomas Santa fe Drive, Suite C, #119 Solana Beach, California, 92075 Telephone (858) 259-6737 & Facsimile (853) 345-1666 SUPREME COURT COPY February 13, 2018 Jorge E. Navarrete Clerk of the Supreme Court 350 McAllister St. San Francisco, CA 94102 RE: People v. Hardy; Appeal No. $113421; Superior Court No. NA039436-02 Dear Mr. Navarette: The Court requested a focus letter identifying those issues on which counsel expects ta focus at oral argument, whichis set for 9:00 a.m. on March 8, 2018. Please inform the Court, | intend to focus on the following issues: ArgumentIll: Whether the trial court erred in denying the defense Batson/Wheeler motion. Argument X: Whetherthe verdict form, combined with the jury instructions, including instructions addressed in supplementalbriefing (Arguments XXIII and XXIV), incorrectly permitted a finding of guilt on first degree murder based on an improperlegal theory. SAN K. SHALER SKS/bc Enclosure (proof of service) DEATH PENALTY ATTORNEY'S CERTIFICATE OF ELECTRONIC SERVICE AND SERVICE BY MAIL (Code Civ. Proc., § 1013a, subd. (2); Cal. Rules of Court, rules 8.71(f) and 8.77) |, Susan K. Shaler, certify: | am an active memberof the State Bar of California and am nota party to this cause. My electronic service addressis shalerlawcorp @ gmail.com and my business addressis 991 Lomas Santa Fe Dr., Ste C #112, Solana Beach, CA. On February 13, 2018, | served the persons and/or entities listed below by the method checked. For those marked "Served Electronically," | transmitted a PDF version of Appellant's Focus Letter re Oral Argument by TrueFiling electronic service or by e-mail to the e-mail service address(es) provided below. For those marked"Served by Mail," | deposited in a Mailbox regularly maintained by the United States Postal Service at Solana Beach, California, a copy of the above documentin a sealed envelope with postage fully prepaid, addressed as provided below on February 13, 2018. APPELLANT’S FOCUS LETTER RE ORAL ARGUMENT on all parties to this action by placing a true copy thereof enclosed in a sealed envelope or box addressed as follows: Clerk, California Supreme Court 350 McAllister St. San Francisco, CA 94102 [Served Electronically] Xavier Becerra Attorney General 300 S. Spring St. North Tower, Ste 5001 Los Angeles, CA 90013 [Served Electronically] California Appellate Project Attn: Ms. Aundre Herron 101 Second Street, 6th Floor San Francisco, CA 94105 [Served by Mail] Mr. Warren J. Hardy T80906 San Quentin State Prison San Quentin, CA 94974 [Served by Mail] | caused such envelope with postage thereonfully prepaid to be placed in the United States Mail at Solana Beach, California. Executed on February 13, 2018, at Solana Beach, California. | declare under penalty of perjury under the law. California that the above is true and correct. Susan K. Shaler
