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PeoplevRomero.ACASR

PeoplevRomero.ACASR

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Published by evwayne
People v. Romero (2008)
California Supreme Court

Application to Correct, Augment and Settle Record
People v. Romero (2008)
California Supreme Court

Application to Correct, Augment and Settle Record

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Published by: evwayne on Feb 05, 2009
Copyright:Attribution Non-commercial

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05/10/2014

 
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VERIFIED APPLICATION TO CORRECT, COMPLETE, AND SETTLE THE RECORD ON APPEAL
1
Stephen M. Lathrop (S.B. #126813)900 Wilshire Boulevard, Suite 924Los Angeles, California 90017-4710Tel. (213) 455-8100, ext. 3Fax (213) 455-8101Attorney for Defendant/AppellantGERARDO ROMERO
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES
THE PEOPLE OF THE STATE OFCALIFORNIA,Plaintiff and Respondent,v.GERARDO ROMERO,Defendant and Appellant.CASE NO. BA102638Hon. Charles E. Horan, JudgeCal. Supreme Ct. No. S070686DEATH PENALTY CASEVERIFIED APPLICATION OFAPPELLANT GERARDO ROMERO TOCORRECT, COMPLETE, ANDSETTLE THE RECORD ON APPEAL;MEMORANDUM OF POINTS ANDAUTHORITIES; DECLARATION OFSTEPHEN M. LATHROP ANDEXHIBITS ATTACHED THERETOTO THE HONORABLE CHARLES E. HORAN, JUDGE OF THE SUPERIORCOURT FOR THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES:Defendant and appellant Gerardo Romero respectfully submitsthis verified application to correct, complete, and settle therecord on appeal in this automatic appeal from a judgment andsentence of death.This application is made pursuant to Penal Code sections190.6 through 190.9, inclusive, and 1240.1, subdivision (e)(2),and California Rules of Court, rules 33, 33.5, 35, and 39.50through 39.56, inclusive, and is made on the grounds that each
 
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VERIFIED APPLICATION TO CORRECT, COMPLETE, AND SETTLE THE RECORD ON APPEAL
-i-
TOPICAL INDEXPage
INTRODUCTION........................ 1LEGAL AND CONSTITUTIONAL BASES FOR RECORD COMPLETION.... 2ARGUMENT.......................... 5I.THE PROCESS OF CERTIFICATION FOR ACCURACY, ANDCOMPLETION AND SETTLEMENT OF THE RECORD IN A CAPITALAPPEAL, AND APPELLANT’S REQUEST FOR A HEARING TOADDRESS THE COMPLETENESS AND ACCURACY OF THE RECORD.. 5II.APPELLANT REQUESTS CORRECTION OF THE REPORTER’S ANDCLERKS TRANSCRIPT FOR ACCURACY............ 7A.
THE REPORTER
S TRANSCRIPT
............... 8B.
THE CLERK
S TRANSCRIPT
............... 12III.APPELLANT REQUESTS THAT THE MATERIAL DESCRIBED BELOW BEINCLUDED IN THE RECORD ON APPEAL; THE MATERIAL IS PARTOF THE “ENTIRE RECORD” (I.E., NORMAL RECORD) IN ACAPITAL APPEAL BUT WAS ERRONEOUSLY OMITTED...... 14A.
THE
ENTIRE RECORD
IN A CAPITAL APPEAL
........ 14B.
OMITTED
ENTIRE RECORD
MATERIAL
........... 17IV.APPELLANT REQUESTS AUGMENTATION OF THE RECORD ON APPEALWITH THE MATERIAL DESCRIBED BELOW AS THIS MATERIAL WILLBE USEFUL TO APPELLANT ON APPEAL........... 22V.APPELLANT REQUESTS PERMISSION TO PREPARE A SETTLEDSTATEMENT TO SETTLE AMBIGUITIES IN THE REPORTED ORALPROCEEDINGS AND TO SETTLE UNREPORTED ORAL PROCEEDINGS 26A.
INTRODUCTION
................... 26B.
RECORD SETTLEMENT PROCEDURE
............. 29C.
REQUEST TO PREPARE A SETTLED STATEMENT WHETHER APPELLANTWAS ABSENT DURING PORTIONS OF THE TRIAL PROCEEDINGS
;
STATEMENT OF FACTS IN SUPPORT THEREOF
......... 31D.
REQUEST TO PREPARE A SETTLED STATEMENT OF THEUNREPORTED
,
IN
-
COURT DISCUSSIONS IN THE PRESENCE OF THEJURY BETWEEN COURT INTERPRETERS AND TESTIFYINGWITNESSES
;
STATEMENT OF FACTS IN SUPPORT THEREOF
..... 34E.
REQUEST TO PREPARE A SETTLED STATEMENT OF PHYSICALDEMONSTRATIONS
,
INCOMPLETE DESCRIPTIONS
,
AND NON
-
VERBALGESTURES DURING TRIAL THAT ARE NOT DESCRIBED FOR THERECORD
;
STATEMENT OF FACTS IN SUPPORT THEREOF
...... 38

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