Opinion
No. A140128.
07-02-2014
THE PEOPLE, Plaintiff and Respondent, v. MARLON RIVERA, Defendant and Appellant.
[Modification of opinion (226 Cal.App.4th 1145; ___ Cal.Rptr.3d ___), upon denial of rehearing.]
THE COURT. — IT IS ORDERED that the published opinion filed herein on June 5, 2014, be modified as follows and the petition for rehearing is DENIED:
(1) On page 1, the third sentence of the first paragraph [226 Cal.App.4th 1148, advance report, 1st full par., lines 6-10], shall be modified to read:
Because defendant has established a clear lapse of counsel's professional duty, we shall grant the motion and direct that the late notice of appeal be accepted for filing.
(2) On page 9, the sentence beginning "In these circumstances" [226 Cal.App.4th 1154-1155, advance report, lines 13-14 of the last par. on page 1154, through lines 1-5 on page 1155], shall be modified to read:
In these circumstances, judicial economy is best served by allowing defendant to seek relief by simple motion (see People v. Zarazua (2009) 179 Cal.App.4th 1054, 1062-1063 ), rather than insisting on the cumbersome procedures attending a formal petition for relief in habeas corpus and a full-flown evidentiary hearing.
(3) On page 9, the first sentence under the heading DISPOSITION [226 Cal.App.4th 1155, advance report, 1st full par., line 1], is modified to read:
The motion is granted.
This modification does not effect a change in the judgment.
The petition for rehearing is denied.