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 (from Petition)

The Court Should Grant A Review To Settle The Weather The California Courts Were Correct.

Question: In Stating That The Petitioner's Case Was Finally, Because His California Senate Bill - 1343 Tie-Sentenced Disposition Only Stated That His Sentence Was "Remanded Back To Superior Court And Not Vacated Back To Superior Court For "Re-Sentence Today," When The Criminal Procedures As A Whole Had Not Ended, Resulting The Petitioner Being Barred From Receiving Sentences From A Newly Enacted California Law, Senate Bill - 567; Violating The Petitioner's Fourteenth Amendment Equal Clause "Right"?

This Court Should Grant A Review To The Important And "Recurring Question" The California Blocking To Violate/Resettle Of, Do The Courts Have The "Right" To Defendants Sixth Amendment Constitutional To Have A Jury And A Judge Determine Beyond A Reasonable Doubt In The Facts Supporting, And Upper Term Sentence.

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

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
Edgar Arellano
Edgar Arellano — Petitioner