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People v. Scott

California Court of Appeals, Sixth District

November 14, 2013

THE PEOPLE, Plaintiff and Respondent,
v.
ANTHONY SCOTT, Defendant and Appellant.

Trial Court: Santa Clara County Superior Court No. C1107516 Hon. Diane Ritchie Trial Judge

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[Copyrighted Material Omitted]

Page 527

COUNSEL

Teresa Biagini for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Sharon R. Wooden and Dorian Jung, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ELIA, J.

Following a preliminary hearing, on June 15, 2011, Anthony Scott (Scott) was held to answer to one count of second degree robbery (Pen. Code, §§ 211-212.5, count one). Subsequently, on June 23, 2011, the Santa Clara County District Attorney filed an information in which Scott was charged with one count of second degree robbery (§§ 211-212.5, count one), [1] one misdemeanor count of grand theft (§§ 484-487, count two), one count of battery (§§ 242-243, subd. (a), count three) and one count of disturbing the peace (§ 415, count four).

On June 27, 2011, at a hearing before Judge Pennypacker on the Master Trial Calendar, the District Attorney moved the court to dismiss count one (the only felony) for insufficiency of the evidence. After the court dismissed the robbery count, the court asked defense counsel, "And the pleas as to Counts 2, 3, and 4, the misdemeanors?" Defense counsel responded, "Not guilty,

Page 528

Your Honor." The matter was continued for a pretrial conference until July 5 on a time not waived basis.

On July 5, 2011, Scott entered a time waiver and the matter was continued to August 2, 2011, in Department 49. On August 2, the matter was continued again until September 1, in Department 49. Eventually, on the day set for trial in Department 47—November 14, 2011—the prosecutor filed a "First Amended" misdemeanor complaint in which Scott was charged with one count of petty theft of personal property (§§ 484, subd. (a)-488, count one) one count of battery (§§ 242-243, subd. (a), count two) and one count of ...


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