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PEOPLE v. PENA

No. S106906.

9 Cal.Rptr.3d 107 (2004)

32 Cal.4th 389

83 P.3d 506

The PEOPLE, Plaintiff and Respondent, v. Jose Guadalupe Reyes PENA, Defendant and Appellant.

Supreme Court of California.

February 5, 2004.

Attorney(s) appearing for the Case

Dan Mrotek, under appointment by the Supreme Court, San Luis Obispo, for Defendant and Appellant.

Elliot L. Bien, Novato; Michael M. Berger, Los Angeles; Jay Allen Eisen, Sacramento; Robert S. Gerstein; Rex S. Heinke, Los Angeles; Wendy C. Lascher, Ventura; Gerald Z. Marer, San Jose; Reed Smith Crosby Heafey, James C. Martin and Benjamin G. Shatz, Los Angeles, for The California Academy of Appellate Lawyers as Amicus Curiae on behalf of Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Scott C. Taylor, Steven T. Oetting, Gary W. Brozio and Matthew Mulford, Deputy Attorney General, for Plaintiff and Respondent.

GEORGE, C.J.

We consider in this case the propriety of a notice form regularly utilized by the Fourth District Court of Appeal, Division Two, in ascertaining whether appellate counsel will waive oral argument in appeals pending before that appellate court. As we shall explain, we conclude that there exists a danger that the language of the waiver notice employed here suggests too strongly (1) that the appellate court...

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