People v. Navarette

Opinion

THE COURT. On August 14, 1991, in Los Angeles County Superior Court, appellant Martin Anthony Navarette was sentenced to death. On August 24, 1994, this court appointed Jeffrey L. Garland to represent appellant in his automatic appeal, People v. Navarette (S022481, app. pending), and any related habeas corpus proceedings. The record on appeal was certified and filed with this court on December 10, 1997, and included a reporter’s transcript of 2,604 pages and a clerk’s transcript of 2,689 pages. This court informed Garland by letter dated December 10, 1997, that appellant’s opening brief was due on January 20, 1998. This court thereafter granted requests for extensions of time to file appellant’s opening brief on January 14, 1998, April 15, 1998, May 19, 1998, June 19, 1998, July 17, 1998, September 23, 1998, October 28, 1998, November 23, 1998, and December 30, 1998.

On February 26, 1999, we granted Garland’s 10th request for an extension of time to file the opening brief to and including April 23, 1999, but stated in our order: “No further extensions of time are contemplated.”

On May 12, 1999, we granted Garland’s 11th request for an extension of time to file the opening brief to and including June 22, 1999, stating in our order that the extension was based on “Garland’s April 22, 1999, declaration that he ‘expect[s] to complete [his] draft of the substantive portions of the opening brief . . . within the next 60 days.’ ”

On July 1, 1999, we granted Garland’s 12th request for an extension of time to file the opening brief to and including August 23, 1999, but stated once again: “No further extensions of time are contemplated.”

On September 2, 1999, we granted Garland’s 13th request for an extension of time to file the opening brief to and including November 22, 1999, but stated in our order: “No further extensions of time will be granted.”

On November 23, 1999, Garland filed a 14th request for an extension of time to file appellant’s opening brief. We denied the request on May 16, 2000.

[1174]On October 25, 2000, this court issued an order directing Garland to file appellant’s opening brief on or before November 24, 2000, or “the court will consider issuing an order directing appellant’s counsel to show cause before this court, when the matter is ordered on calendar, why counsel should not be held in contempt of court and further payments suspended or other sanction imposed for his delay in the appellate process occasioned by the 14 extensions of time to file the brief thus far granted.” At that time, appellant’s opening brief had been in default for nearly a year. Garland did not file the brief on or before November 24, 2000.