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Robert R. Snyder v. California

Paid petition · Court of Appeal of California, Second Appellate District, No. B328809 · judgment May 25, 2023


Certiorari denied · February 20, 2024
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

• Should California Penal Code § 12022.53 be struck down and voided as vague and standardless legislation? Does petitioner’s conviction serve as an example of an arbitrary enforcement? • Did California Supreme Court fail to incorp­ orate Rosemonds substantive holding into their jurisprudence? • Does the act as currently interpreted, deprive defendants of accurate fact-finding regarding the principle of armed-intent? • Was § 12022.53 subd.(e) originally intended to be a penalty provision or limitation clause? • In this case, would a 25 years-to-life con­ secutive enhancement for a first-time felon/youth offender seem to violate the Eight Amendment to the U. S. Constitution? • With the harsh penalty alongside the lack of sentencing triad in mind, shouldn’t that indicate § 12022.53’s application be limited to the most extreme case facts and circumstances? • Would the simple fact of several legislative amendments, by itself raise questions about how the act’s original intent compares to its current usage?

Counsel of record

For petitioner
Robert R. Snyder

For respondent

Case

Conference history
Distributed for 2 conferences

Linked docket
23A305

Proceedings

  1. Apr 29 2024
    Rehearing DENIED.
  2. Apr 10 2024
    DISTRIBUTED for Conference of 4/26/2024.
  3. Mar 15 2024
  4. Feb 20 2024
    Petition DENIED.
  5. Jan 17 2024
    DISTRIBUTED for Conference of 2/16/2024.
  6. Nov 22 2023
    Petition for a writ of certiorari filed. (Response due January 2, 2024)
  7. Oct 06 2023
    Application (23A305) granted by Justice Kagan extending the time to file until November 25, 2023.
  8. Oct 03 2023
    Application (23A305) to extend the time to file a petition for a writ of certiorari from October 10, 2023 to November 25, 2023, submitted to Justice Kagan.