in-camera review, which was reported, is not included in the transcript. (R.T. [cite to sealing order issued].) R.T. where court’s These transcripts must be sealed and transmitted only to the Court of Appeal. (People 27 Cal.4th at p. 330; Cal. Rules of v. Hughes, supra, Court, rule 8.45(d)(2).) [Enumerate proceedings for which a reporter’s transcript is requested, with citations to record and applicable rules as needed. Provide all known details dates and and – times, judge’s name department, name and CSR number, etc., to help identify reporter’s exact proceeding.] REQUEST FOR SETTLED STATEMENT ON APPEAL IF REQUIRED If it turns out the superior court failed to retain copies of the records it reviewed during the hearing, appellant requests this court order Pitchess Judge prepare a settled record of the documents the court [name of judge] reviewed. (Cal. Rules of Court, rule 8.346; 26 People v. Mooc, supra, Cal.4th at p. are confident an augmentation of the appellate 1231 [“we record prepared by the trial court itself would result in an accurate record on (2009) 46 Cal.4th 172, 180.) This settled People v. Gaines appeal”]; record must contain copies of the documents the court reviewed at the hearing. As the Supreme Court stated in Pitchess Mooc, “[w]ithout some record of the documents examined by the trial court, a to party’s ability obtain appellate review of the trial decision, whether to disclose or court’s
in-camera review, which was reported, is not included in the transcript. (R.T. [cite to R.T. where court’s sealing order issued].) These transcripts must be sealed and transmitted only to the Court of Appeal. (People v. Hughes, supra, 27 Cal.4th at p. 330; Cal. Rules of Court, rule 8.45(d)(2).) [Enumerate proceedings for which a reporter’s transcript is requested, with citations to record and applicable rules as needed. Provide all known details – dates and times, judge’s name and department, reporter’s name and CSR number, etc., to help identify exact proceeding.] REQUEST FOR SETTLED STATEMENT ON APPEAL IF REQUIRED If it turns out the superior court failed to retain copies of the records it reviewed during the Pitchess hearing, appellant requests this court order Judge [name of judge] prepare a settled record of the documents the court reviewed. (Cal. Rules of Court, rule 8.346; People v. Mooc, supra, 26 Cal.4th at p. 1231 [“we are confident an augmentation of the appellate record prepared by the trial court itself would result in an accurate record on appeal”]; People v. Gaines (2009) 46 Cal.4th 172, 180.) This settled record must contain copies of the documents the court reviewed at the Pitchess hearing. As the Supreme Court stated in Mooc, “[w]ithout some record of the documents examined by the trial court, a party’s ability to obtain appellate review of the trial court’s decision, whether to disclose or
Pitchess_augment.docx