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News from the Director

Minor Amendments to Rules of Court Effective July 1, 2004
June 29, 2004

The Judicial Council has published a list of amendments to the California Rules of Court, effective July 1, 2004. Fortunately, the amendments to the appellate rules are all non-substantive and were mostly limited to correcting some cross-references in rules 14, 28, 39.1, and in the comment to rule 31.1. Those cross-references to other rules were either made out-dated by the amendments effective January 1, 2004, or were misstated in those amendments. It is only the cross-references that were corrected; none of the criminal appellate rules were actually renumbered. Rule 44.5, governing service on a public officer or agency, was amended to change an "and" to "or" in the list of types of case requiring service on the Attorney General.

There were also some amendments to the rules governing sentencing proceedings. (See List of Amendments, pp. 10-13.) Those were also mostly non-substantive, but one change of note is that rules 4.428 (Criteria Affecting Imposition of Enhancements) and 4.447 (Limitations on Enhancements) were both amended to expressly apply to both determinate and indeterminate term enhancements. This appears to resolve a split of authority. (Compare People v. Bracamonte (2003) 106 Cal.App.4th 704 with People v. Lugo (2003)
2003 WL 22391170 (Cal.App. 6 Dist., no. H023308) (unpublished).)

The Judicial Council amended numerous other rules not related to criminal or dependency practice. We have not analyzed those amendments and do not discuss them here.

 

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