No. 23-5980

Edgar Arellano v. California

Lower Court: California
Docketed: 2023-11-09
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: constitutional-rights criminal-procedure due-process equal-protection fourteenth-amendment jury-trial senate-bill-567 sentencing sentencing-disposition sixth-amendment
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (AI Summary)

Whether the California courts were correct in stating that the petitioner's case was final, because the California Senate Bill 1393 resentencing disposition only stated that his sentence was remanded back to superior court and not vacated

Question Presented (OCR Extract)

QUESTION(S) PRESENTED LT. Ts. court Should Grant A RevieW To SETTLE. The QuESTION WEATHER THE CAFORAIA CourTS WERE CoRRECT IN STATING TwaT THe PETITIONERS CASE Was FiNaAb, Because Wis CAhFoRWIA SENATE Bill 1393 ReSENTENCING DisPosition ONLY STATED THAT His SENTENCE Was. REMANDED Back To SuPerioR CourT ano Not VACATED. Back To SuPeRiOk CouRT: For RESENTENCING, WHEN THe CRIMWWAL PRoceEDINGS AS A WHodE HAD NoT EnveED. RESULTING IW THE PETITIONER Being Barren FRoM RECEIVING BENEFITS FROM A NEWLY ENACTED CalForwia wawW, SENATE Bibb 367, ViobaTing THe PETITIONERS FouRTEENTH AMENDMENT, Ea@uab ClauSE Right. IT. Ths CourRT SHovuLDd GRANT .A ReVieW To SETTLE THE ITmPoRTaANT AND RECURING Question OF, Do THE. THE California SENTENCING CourTS Have THE RiguT To ViobaTE aA DEFENDANTS SixXTH AMENDMENT CONSTITUTIONAL RigHT, To HAVE a TuRY AND Not A SUDGE DETERMINE BEYON A ReasoNapie Dovet, THE Facts SuPPoRTING AN UPPER TERM Sen TENE.

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-15
DISTRIBUTED for Conference of 12/1/2023.
2023-11-13
Waiver of right of respondent California to respond filed.
2023-10-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 11, 2023)

Attorneys

California
Daniel Chi-Sum ChangCalifornia Attorney General's Office, Respondent
Daniel Chi-Sum ChangCalifornia Attorney General's Office, Respondent
Edgar Arellano
Edgar Arellano — Petitioner
Edgar Arellano — Petitioner