MANRIQUEZ

Petitioner’s Additional Authorities Letter

Cal.April 20, 2018

MOI·gan Lewis Sujal Shah Partner +1.415.442.1386 sujal.shah@morganlewis.com April 20, 2018 Jorge E. Navarrete Supreme Court Clerk California Supreme Court 350 McAllister Street San Francisco, CA 94102 Re: CAPITAL CASE - Case No. S141210 - In re Abelino Manriquez (Related to People v. Abelino Manriquez- Supreme Court No. S038073, Los Angeles County Superior Court No. VA004848) Dear Mr. Navarette: Please inform the Court that at the May 1, 2018, oral argument, petitioner intends to rely on the following additional authority: People v. Echavarria (2017) 13 Cal.App.5th 1255, 1264-1269; Young v. Gipson (N.D. Cal. 2015) 163 F.Supp.3d 647, 729-732; Porter v. Zook(4th Cir. 2015) 803 F.3d 694, 697-699; Gullett v. Commonwealth (Ky. 2017) 514 S.W.3d 518, 521-527; State v. Ess (Mo. 2015) 453 S.W.3d 196, 203-206; People v. Southall(N.Y.A.D. 2017) 156 A.D.3d 111, 120-124,65 N.Y.S.3d 508, leave to appeal denied (N.Y. 2018) 30 N.Y.3d 1120. Please let me know if you have any questions or concerns. Morgan, lewis & Bockius llP One Market Spear Street Tower San Francisco, CA 94105-1596 United States 0+1.415.442.1000 () +1.415.442.1001 DB2/33179815.1 CERTIFICATE OF SERVICE I, Jennifer Gray, certify and declare as follows: I am a citizen of the United States and a resident of the State of California. I am over eighteen years of age, not a party to this action, and am employed in San Francisco County, California at One Market Street, Spear Street Tower, San Francisco, California 94105. I am readily familiar with the practice of this office for collection and processing of correspondence for mail delivery, which is deposited that same day in the ordinary course of business. On April 20, 2018, I served the following document described as LETTER DATED APRIL 20, 2018 TO JORGE E. NAVARRETE, SUPREME COURT CLERK, REGARDING ADDITIONAL AUTHORITY TO BE RELIED ON AT MAY 1, 2018, ORAL ARGUMENT on all interested parties in this action through TrueFiling, addressed to all parties appearing on the electronic service list for the above-titled case. The service transmission was reported as complete and a copy of the TrueFiling Receipt/Confirmation will be filed, deposited or maintained with the original document in this office. I further certify that a copy was served by first-class U.S. mail, postage prepaid, this 20th day of April, 2018, on the following: Abelino Manriquez, CDC #J12400 San Quentin State Prison P.O. Box J-12400 San Quentin, CA 94974 I further certify that a copy was served by Federal Express in sealed envelopes with all fees prepaid at the addresses set forth below, this 20th day of April, 2018, on the following: Kim Aarons, Deputy Attorney General Attorney General - LA Office 300 S. Spring Street, 5th Floor Los Angeles, CA 90013 Capital Appeals Unit Superior Court of California, County of Los Angeles 210 W. Temple Street, Room M-3 Los Angeles, CA 90012 John A. Clarke, Clerk LA County Superior Court 111 North Hill Street Los Angeles, CA 90012 Office of the State Public Defender 1111 Broadway, 10th Floor Oakland, CA 94607 PROOF OF SERVICE 2 Attorney General – SF Office Ronald Matthias, Senior Assistant to the Attorney General 455 Golden Gate Ave., #11000 San Francisco, CA 94102 Hon. Jackie Lacey, District Attorney Brian R. Kelberg, Deputy District Attorney LA County District Attorney’s Office 320 West Temple Street, Suite 540 Los Angeles, CA 90012 California Appellate Project 101 Second Street, Suite 600 San Francisco, CA 94105-3672 Habeas Corpus Resource Center 303 - 2nd Street, Suite 400 San Francisco, CA 94107 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. /s/ Jennifer Gray Jennifer Gray STATE OF CALIFORNIA Supreme Court of California PROOF OF SERVICE STATE OF CALIFORNIA Supreme Court of California Case Name: MANRIQUEZ (ABELINO) ON H.C. Case Number: S141210 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: sujal.shah@morganlewis.com 3. I served by email a copy of the following document(s) indicated below: Title(s) of papers e-served: Filing Type Document Title ADDITIONAL CITES FOR ORAL ARGUMENT Additional Cites Service Recipients: Person Served Email Address Type Date / Time eService California Appellate Project California Appellate Project 000000 filing@capsf.org e- Service 4/20/2018 2:24:24 PM kim aarons CA Attorney General's Office - Los Angeles 213480 kim.aarons@doj.ca.gov e- Service 4/20/2018 2:24:24 PM Sujal Shah Morgan Lewis & Bockius LLP 215230 sujal.shah@morganlewis.com e- Service 4/20/2018 2:24:24 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. 4/20/2018 Date /s/Sujal Shah Signature Shah, Sujal (215230) Last Name, First Name (PNum) Morgan Lewis & Bockius LLP Law Firm