Opinion
Page 1016b
92 Cal.App.4th 1016b THE PEOPLE, Plaintiff and Respondent, v. PETER C. ANDREOTTI, Defendant and Appellant. C034072. California Court of Appeal, Third District September 26, 2001THE COURT.
[Modification of opinion (91 Cal.App.4th 1263, 111 Cal.Rptr.2d 462) on denial of petition for rehearing.]
This modification requires movement of text affecting pages 1272-1274 of the bound volume report.
It is ordered that the opinion filed herein on August 29, 2001, be modified as follows:
On page 13, add the following paragraph as the first full paragraph [91 Cal.App.4th 1272, advance report, 1st par.]:
Defendant points out that some crimes covered by the diversion statute are not “serious felonies” under Proposition 8, viz., “any crime in which a minor is a victim of an act of molestation, abuse, or neglect,” (section1000.12, subd. (a)) but which is not defined as a serious felony by section 1192.7, subdivision (c). (E.g., section261.5 [statutory rape].) These exceptions do not change the fact that in order to structure a diversion program that would encompass serious felonies, a mechanism comporting with Proposition 8 had to be devised.
The petition for rehearing is denied.
This modification does not change the judgment.