Subd. (b)(1) DOES state that a CA court of appeal decision is not final until the 30th day after their opinion is released. Thus an appellant has 10 days beyond that date to file their Petition for Review (in this case, 5/14/14).
I erred previously in this thread in that I counted the deadline for the filing of Pet Review to be 10 days from when the opinion was filed, NOT ten days from its finality (5/4) for filing of the Petition for Review.
Sorry for the confusion, folks … I haven’t worked on a state appeal since 2010 and a was a bit rusty off the top of my head on all the technicalities.
I believe Justice McDonald’s dissent at the 4th/1 DCA set up Krowe’s issue of proving “intent to commit a crime” as a matter of first impression which the CA Supreme Court may very well decide to entertain.
Stay tuned, folks. The “fat lady” has not yet planned what she will sing for an encore here. And it’s going to be interesting to find out.
