4DCA Division 2 Oral Argument 2025/12/2 Morning Session - Dec 02, 2025

argument

4DCA Division 2 Oral Argument 2025/12/2 Morning Session

California Fourth District Court of Appeal, Division Two 2h 28m 7 chapters transcribed 7 days ago official recording ↗

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What does Justice McKinster say during the opening and roll‑call of the morning calendar?

Alexander Wood 0:39

All right.

Art McKinster 0:48

Thank you, ladies and gentlemen. Please be seated. And to uh everyone in the courtroom and online, good morning. Uh I'm Justice McKinster and I will be presiding over the uh morning calendar, all of it. There will be no Uh panel changes. Uh this panel will be hearing all six cases. Uh I'd like to begin uh by introducing my colleagues who will be participating this morning. Uh on my right is uh Justice Miller. Good morning. And on my left, Justice Menatras. Good morning. And as a reminder, my name is Art McKinster. Uh with that in mind, let's just uh start with a first case uh for consideration. Yeah. Uh it's number one on the calendar. It's the matter of people versus Floyd Walker. And uh my understanding uh on that is both parties are remote and so if uh uh the parties uh on Zoom if if starting with the appellate, if you would state your appearance and uh a spelling of the last name for the benefit of our clerk.

Siri Shetty 1:54

Thank you. Good morning. Siri Shetty for appellant Floyd Walker, and the spelling of my last name is S H E T T Y. Okay.

Art McKinster 2:03

Uh uh Miss Shetty You're you're uh coming in a a little on the low side. I don't know if you can up your volume or bring the microphone just a little closer, that would be a help for us 'cause uh it you're coming in kind of soft. And uh appearing uh for respondent is

Paige Hazard 2:22

Deputy Attorney General Paige Hazard appearing for the people.

Art McKinster 2:28

Yeah, we've got a problem. You are also coming in very soft this morning. Uh I'm wondering if it's on our end.

Laura Vavakin 2:40

I can hear you all just

Paige Hazard 2:41

fine.

Unknown 2:43

Uh we can barely hear you, Ms. Hazard. Yeah.

Paige Hazard 2:47

I'm gonna go grab uh my headphones and maybe that'll

Art McKinster 2:50

this is not gonna work. Uh Uh, counsel, I think we're gonna take a brief break and get our uh IT people in to see if this is on our end. We're having a great deal of difficulty uh uh understanding either of you because the volume is so low. If it's not on your side, it must be on ours. So I'm gonna declare a recess and if if we can get our IT people in to see if we can get this uh straightened uh around Kelly, I'd appreciate it. Okay. Uh we're we're gonna be brief recess while we get the glitches uh worked out.

Unknown 3:28

All right.

Unknown 3:35

I know I'm gonna go get some coffee. Thank you. Please be seated.

Unknown 6:06

Can we please get an audio check from somebody remote, please?

Robert Boyce 6:10

Uh this is um Robert Boyce, E zero eight one seven one five. Can you hear me?

Unknown 6:17

Yes, we can hear you loud and clear now. Thank you.

Unknown 6:31

Good came back up.

Mom C Tucker 6:36

Okay, thank you.

Unknown 6:38

I don't know.

Mom C Tucker 6:40

Okay, I'll call it. Thank you.

Don Martin 7:01

Yes,

Mom C Tucker 7:02

it's all been um fixed.

Don Martin 7:05

Yes. Okay, thank you.

Unknown 8:08

All right.

Art McKinster 8:14

Uh thank you. Once again, please be seated uh ladies and gentlemen. I believe we have uh the matter fixed. Uh uh Miss Shetty, uh would you uh uh speak to us? Can you hear us? And uh we want to see if we can hear you.

Siri Shetty 8:29

Good morning again. Uh yes, I can hear I my audio is working, I hope that I can be heard too.

Art McKinster 8:35

No, no, you're coming in four by four as the military would say. He's you you sound really good. So let's let's go back then to respond it. And I'd like you uh to restate your appearance 'cause we just couldn't hear it.

Paige Hazard 8:49

Deputy Attorney General Paige Hazard appearing for the people. H A Z A R D.

Art McKinster 8:55

Great. We're we're in great shape. So uh with that in mind, uh Mishete, uh you have fifteen minutes uh total time to make an argument. Had you wish to reserve some part of that time in order to respond.

Siri Shetty 9:09

Yes, please.

Art McKinster 9:10

A and how much would you like?

Siri Shetty 9:12

If I could reserve five minutes. All right.

Art McKinster 9:15

Uh our clerk in the court, uh Miss Kelly is is going to give you an audible at five. If you uh are watching your screen, I know you've been here before uh remotely, the we have the light system of of the green, yellow and red. The yellow light comes on when you absolutely have two minutes left. irrespective of which of your arguments uh you're in. So with that in mind, we'd be happy to hear anything that you have to say.

Siri Shetty 9:39

Thank you. In opposing the upper term with the original sentencing, the court engaged in a qualitative and quantitative analysis of Pellant's criminal history. Which is no longer permitted under amended sentencing law and cal recent California Supreme Court precedent.