Prieto

On June 16, 1992, in San Bernardino County Superior Court, defendant Alfredo Prieto was sentenced to death. On January 12, 1996, Attorneys Andrew E. Rubin and Terrence V. Scott were appointed to represent defendant Alfredo Prieto in his automatic appeal and any related habeas corpus proceedings. The record on appeal was certified on May 14, 1999, and included a reporter’s transcript of 18,074 pages and a clerk’s transcript of 4,246 pages. The court informed Rubin and Scott by letter dated May 14, 1999, that the appellant’s opening brief was due on June 23, 1999. The court thereafter granted requests for extensions of time to file appellant’s opening brief on June 24, 1999, and September 2, 1999.

On March 15, 2000, we granted the People’s “Motion for Correction of the Record on Appeal Following Superior Court Augmentation of the Record” and struck that portion of the record on appeal which incorporated the records of the cases of Prieto’s codefendants. We also granted Rubin and Scott’s request for an extension of time to file appellant’s opening brief and extended the deadline for the brief “to and including May 15, 2000.”

On June 12, 2000, we granted Rubin and Scott’s…