Opinion
No. S070536.
10-02-2013
THE PEOPLE, Plaintiff and Respondent, v. LUIS MACIEL, Defendant and Appellant.
Modification of opinion ( 57 Cal.4th 482 ; 160 Cal.Rptr.3d 305 , 304 P.3d 983 ), upon denial of rehearing
THE COURT. — IT IS ORDERED the opinion herein, filed August 8, 2013, and appearing at 57 Cal.4th 482, is modified as follows, and the petition for rehearing is DENIED:
1. On page 513 of 57 Cal.4th, delete the sentencing reading: "A trial court may properly consider the delay inherent in changing counsel in evaluating timeliness." Substitute this new sentence reading: "In evaluating timeliness, the trial court properly considered the long delay that would have resulted from changing counsel in this case."
2. Also on page 513 of 57 Cal.4th, delete the sentence reading "The court reasonably found that relieving counsel under these circumstances would result in '"disruption of the orderly processes of justice"' and thus denied defendant's motion. (Ortiz, supra, 51 Cal.3d at p. 983.)" Substitute this new sentence reading: "We conclude the trial court reasonably denied defendant's motion because relieving counsel under these circumstances would have resulted in the '"disruption of the orderly processes of justice."' (Ortiz, supra, 51 Cal.3d at p. 983.)"
This modification does not affect the judgment.
The petition for rehearing is denied.