People v. Weber

Full title: THE PEOPLE, Plaintiff and Respondent, v. JOSEPH WEBER, Defendant and…

Court: California Court of Appeals, Third District, San Joaquin

Date published: Jun 23, 2010

No. C060135 (Cal. Ct. App. Jun. 23, 2010)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. JOSEPH WEBER, Defendant and Appellant. C060135 California Court of Appeal, Third District, San Joaquin June 23, 2010

CERTIFIED FOR PARTIAL PUBLICATION

Super. Ct. No. SF105311A

MODIFICATION OF OPINION

THE COURT:

The opinion filed on June 7, 2010, is modified as follows.

In Part IV, page 36, delete the sentence beginning “As expressed in the recent opinion in People v. Brown (2010) 182 Cal.App.4th 1354, ” and replace it with the following text: We conclude that the amendments do apply to all appeals pending as of January 25, 2010. (See In re Estrada (1965) 63 Cal.2d 740, 745 [amendment to statute lessening punishment applies “to acts committed before its passage provided the judgment convicting the defendant is not final”]; People v. Hunter (1977) 68 Cal.App.3d 389, 393 [applying Estrada to amendment allowing award of custody credits]; People v. Doganiere (1978) 86 Cal.App.3d 237 [applying Estrada to amendment involving conduct credits].)

This modification does not change the judgment.

SIMS, Acting P. J., NICHOLSON, J., RAYE, J.