Opinion
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106 Cal.App.4th 653m ___Cal.Rptr.2d___ THE PEOPLE, Plaintiff and Respondent, v. JERMAINE N. BEASLEY, Defendant and Appellant. In re JERMAINE N. BEASLEY on Habeas Corpus. Nos. B152073, B160513 California Court of Appeal, Second District, Eight Division March 3, 2003[Modification of opinion (105 Cal.App.4th 1078; ___ Cal.Rptr.2d ___) on denial of petition for rehearing.]
This modification requires editorial changes to the summary, page 1078 of the advance report. The first part of the first sentence of the second paragraph will be changed to read, "The Court of Appeal denied defendant's petition for a writ of habeas corpus; reversed the judgment as to five counts of misdemeanor assault and two counts of felony corporal injury to a cohabitant; ...." This modification also requires the movement of text affecting pages 1086-1094 of the bound volume report.
OPINION
THE COURT.
GOOD CAUSE APPEARING THEREFOR, the opinion filed herein on January 30, 2003, is modified in the following particulars.
1. At page 1, paragraph 3 [105 Cal.App.4th 1083, advance report, 6th line from bottom]: Following the words, "appointment by the Court of Appeal, for Defendant" delete the comma and insert the word "and"; after the word "Appellant" delete the comma and the words "and Petitioner."
2. At page 1: Insert the following paragraph as paragraph 4 [105 Cal.App.4th 1083, advance report, before last par.].
"Jermaine N. Beasley, in pro. per., for Petitioner."
3. At page 4: Delete in its entirety the second full paragraph [105 Cal.App.4th 1086, advance report, 2d full par.] commencing with the words "Rather than reversing."
4. At page 13: after the numeral "11" at conclusion of the second sentence of the disposition [105 Cal.App.4th 1093, advance report, last par., line 2] insert the words ", and felony convictions in counts 8 and 10." Following the colon in the succeeding sentence, delete the words: "counts 8 and 10 are
Page 653n
modified to reflect a conviction of battery against a cohabitant in violation of Penal Code section 243, subdivision (e) (1); and."
The second and third sentences of the disposition shall now read: "The judgment is reversed as to misdemeanor convictions in counts 3, 5, 7, 9, and 11, and felony convictions in counts 8 and 10. Judgment is further modified: counts 19 and 21 are modified to reflect a conviction of assault in violation of Penal Code section 240."
This modification does effect a change in judgment.
Petition for rehearing is denied.