The People v. Guevara

HearingDescription: Remittitur issued.

DocketDescription: Received copy of document filed in trial court.; Notes: Minute order

DispositionDescription: Other involuntary dismissal; Disposition Type: Final

DocketDescription: Dismissal order filed.; Notes: Jose M. Guevara was convicted by a jury of first degree residential burglary and was sentenced on March 1, 1999 to a term of imprisonment of 30 years to life. The sentence was comprised of 25 years to life pursuant to the Three Strikes law plus five years for a prior serious felony conviction. The judgment was affirmed in People v. Guevara (April 25, 2000, B130432) [nonpub. opn.] with modifications to Guevara's presentence custody credits. On October 26, 2022, Guevara filed a petition for a writ of habeas corpus on the ground that a prior conviction used pursuant to the Three Strikes law was based on a plea. The superior court denied the petition on December 16, 2022. Guevara filed a notice of appeal on January 12, 2023 from the order denying his petition. In cases not involving judgments of death (Pen. Code, 1509), "[n]o appeal lies by a defendant from an order of the superior court denying a writ of habeas corpus. . . . The attempted appeal therefrom must be dismissed." (People v. Ryan (1953) 118 Cal.App.2d 144, 149; accord, People v. Gallardo (2000) 77 Cal.App.4th 971, 983.) The appeal, initiated by the notice filed on January 12, 2023, is dismissed.

DocketDescription: Record on appeal filed.; Notes: ONE: Clerk (116 Pages), ONE: reporter

DocketDescription: Email sent to:; Notes: Court Reporter Services regarding granted extension of time.

DocketDescription: Granted - extension of time.; Notes: Record on appeal filed. Due on 07/24/2023 By 143 Day(s)

DocketDescription: Requested - extension of time; Notes: Record on appeal filed. Requested for 07/24/2023 By 143 Day(s)

DocketDescription: Notice of appeal lodged/received (criminal).; Notes: NOA filed January 12, 2023 - - Jose Manuel Guevara

DocketTrial Court Name: Los Angeles County Superior Court; County: Los Angeles; Trial Court Case Number: TA100162; Trial Court Judge: Ryu, Tammy