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People v. Andreotti

California Court of Appeals, Third District
Sep 26, 2001
No. C034072 (Cal. Ct. App. Sep. 26, 2001)

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, 2001

THE 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.


Summaries of

People v. Andreotti

California Court of Appeals, Third District
Sep 26, 2001
No. C034072 (Cal. Ct. App. Sep. 26, 2001)
Case details for

People v. Andreotti

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. PETER C. ANDREOTTI, Defendant and…

Court:California Court of Appeals, Third District

Date published: Sep 26, 2001

Citations

No. C034072 (Cal. Ct. App. Sep. 26, 2001)