PEOPLE v. STEVENS

Appellant’s Opposition

Cal.March 27, 2014

SUPREME COURT COPY Case No. SUPREME COURT S209643 FILED MAR 2 7 2014 Frank A. McGuire 7!>rk Deputy SUPREME COURTOF CALIFORNIA PEOPLE OF THE STATE OF CALIFORNIA,Plaintiff and Respondent, Court of Appeal No. B241356 ) ) ) ) VS. ) ) MARK STEVENS, ) Defendant, Appellant, and Petitioner. _—) Appeal from the Superior Court of California, County of San Luis Obispo Honorable Barry T. LaBarbara, Judge (San Luis Obispo County No. F471357) PETITIONER’S OBJECTIONS TO RESPONDENT’S REQUEST FOR JUDICIAL NOTICE GERALD J. MILLER P.O. Box 432 Agoura Hills, CA 91376 (818) 584-5986 State Bar No. 120030 Attorney for Defendant, Appellant, and Petitioner Mark Stevens Defendant, Appellant, and Petitioner Mark Stevens(“petitioner”) submit the following objections to the Request for Judicial Notice (“Request”) filed by respondent in this case: I. GENERAL OBJECTIONS. Petitioner objects to the Request, in its entirety, on the ground that the Mentally Disordered Offenders (MDO) Act, to which the Request purports to pertain, is not ambiguousor susceptible of multiple interpretations, and that resort to legislative history or other extrinsic aids is, therefore, inappropriate. (Lopez v. Superior Court (2010) 50 Cal.4th 1055, 1063; People v. Hudson (2006) 38 Cal.4th 1002, 1009; Shirk v. Vista Unified School Dist. (2007) 42 Cal.4th 201, 211; see also Petitioner’s Reply Brief (“PRB”, pp. 11-12.) Il. OBJECTIONS TO INDIVIDUAL REQUESTS. In addition to the General Objections stated above, and without waiving such objections, petitioner objects to the below specified individual requests on the following grounds: A. Other than disputing respondent’s interpretation of the subject documents (see PRB, p. 14.n.10), petitioner does not object to the following requests: 5-8, 17-18, 20, and 22. B. Petitioner objects to request nos. 1-4, 9-14, and 16 on the groundthat they purport to seek judicial notice of entities other than the Legislature itself, 1 including without limitation outside agency, judges, or private citizens or entities. As such, they do not constitute “[o]fficial acts of the legislative, executive, and judicial departments of the United States and of any state of the United States” and, therefore, are not judicially noticeable under Evidence Code section 452, subdivision (c). (See, e.g., Cortez v. Purolator Air Filtration Products Co. (2000) 23 Cal.4th 163, 168 n.2; Quintanov. Mercury Cas. Co. (1955) 11 Cal.4th 1049, 1062 n.5.) C. Petitioner objects to request nos. 14-15, 19, and 21 on groundsthat they constitute statements by individual legislators, which may not be considered as part of a statute’s legislative history, absent someindication that those statements were considered by the Legislature as a whole. (See, e.g., People v. Garcia (2002) 28 Cal.4th 1166, 1175-76 n.5; Peoplev. Otto (2001) 26 Cal.4th 200, 208-09; County ofColusa v. California Wildlife Conservation Bd. (2006) 145 Cal.App.4th 637, 653 n.11; see also PRB,p. 18 n.13.) D. To the extent not reflected above, petitioner incorporates all objections and arguments contained in Petitioner’s Reply Brief. DATED: March 25, 2014 GERALD J. MILLER Attorney at Law Attorney for Defendant, Appellant, and Petitioner Mark Stevens PROOF OF SERVICE STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES_ ) I am employed in the County of Los Angeles, State of California. I am overthe age of 18 years of age, and am not a party to the within action; my business addressis P.O. Box 432, Agoura Hills, CA 91376-0432. On the date hereinbelow specified, I served the foregoing document, described as set forth below on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes, at Agoura Hills, California, addressed as follows: DATEOF SERVICE: March 25, 2014 DOCUMENT SERVED: PETITIONER’S OBJECTIONS TO RESPONDENT’S REQUEST FOR JUDICIAL NOTICE PERSONS SERVED: Office of the Attorney California Appellate Project General 520 S. Grand Ave., Fourth 300 S. Spring St. Floor Los Angeles, CA 90013 Los Angeles, CA 90071 ATIN:Scott A. Taryle, ATTN:Richard Lennon, Esq. Esq. I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail at Agoura Hills, California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 25, 2014 at Agoura Hills, California. GERALD J. MILLER