Opinion
No. S049596.
10-01-2014
THE PEOPLE, Plaintiff and Respondent, v. STANLEY BRYANT, DONALD FRANKLIN SMITH, and LEROY WHEELER, Defendants and Appellants.
[Modification of opinion ( 60 Cal.4th 335 , ___ Cal.Rptr.3d ___, ___ P.3d ___) upon denial of rehearing.]
THE COURT. — The opinion herein, filed on August 25, 2014, appearing at 60 Cal.4th 335, advance report, is modified as follows and the petition for rehearing is DENIED:
On 60 Cal.4th pages 467 (2d par., line 12) through 468 (1st par., line 2), advance report, the sentence reading To the extent their absences at proceedings based on oral waivers violated the statutes, defendants have presented no support for the conclusion there is either a reasonable probability at the guilt phase or reasonable possibility at the penalty phase that the outcome would have been more favorable had defendants been required to make written waivers or forced to attend the proceedings despite their wishes to be absent, is modified to read, To the extent their absences at proceedings without a waiver or with only an oral waiver violated the statutes, defendants have presented no support for the conclusion there is either a reasonable probability at the guilt phase or reasonable possibility at the penalty phase that the outcome would have been more favorable had defendants been required to make written waivers or forced to attend the proceedings despite their wishes to be absent.
This modification does not affect the judgment.