People v. Gillispie

Full title: THE PEOPLE, Plaintiff and Respondent, v. GARY WAYNE GILLISPIE, Defendant…

Court: California Court of Appeals, Fourth District, First Division

Date published: Jun 25, 2010

No. D054827 (Cal. Ct. App. Jun. 25, 2010)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. GARY WAYNE GILLISPIE, Defendant and Appellant. D054827 California Court of Appeal, Fourth District, First Division June 25, 2010

NOT TO BE PUBLISHED

Super. Ct. No. MH102146

ORDER MODIFYING OPINION AND DENYING REHEARING

McCONNELL, P. J.

THE COURT:

It is ordered that the opinion filed herein on June 11, 2010, be modified as follows:

On page 20, the Disposition paragraph, beginning "The judgment is reversed" is deleted in its entirety and the following paragraph is inserted in its place:

The judgment is reversed, and the case is remanded to the trial court for reconsideration of defendant's equal protection argument in light of People v. McKee (2010) 47 Cal.4th 1172, and the resolution of the proceedings on remand in McKee (see 47 Cal.4th at pp 1208-1210), including any proceeding in the Superior Court of San Diego County in which McKee may be consolidated with related matters. The trial court shall suspend further proceedings in this case pending finality of the proceedings on remand in McKee. "Finality of the proceedings" shall include the finality of any subsequent appeal and any proceedings in the California Supreme Court.

This modification changes the judgment.

Respondent's petition for rehearing is denied.