People v. George

Full title: THE PEOPLE, Plaintiff and Respondent, v. BRIAN KEATON GEORGE, Defendant…

Court: California Court of Appeals, First District, Fifth Division

Date published: Dec 19, 2007

No. A113829 (Cal. Ct. App. Dec. 19, 2007)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. BRIAN KEATON GEORGE, Defendant and Appellant. A113829 California Court of Appeal, First District, Fifth Division December 19, 2007

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

ORDER MODIFYING OPINION AND DENYNG REHEARING [NO CHANGE IN JUDGMENT]

Sonoma County Super. Ct. Nos. SCR-460275 & SCR-465475

THE COURT:

It is ordered that the opinion filed herein on November 30, 2007, be modified as follows:

At the end of the first partial paragraph on page 14, after the sentence ending “regarding willfully false witnesses,” add the following sentence:

We apply the Watson standard (People v. Watson (1956) 46 Cal.2d 818, 836) in concluding the trial court’s error was harmless, and reject appellant’s argument that the error must be evaluated under Chapman v. California (1967) 386 U.S. 18, 24. (See Murillo, at pp. 1107-1108 [rejecting defendant’s argument that the Chapman standard applies to court’s error in not instructing the jury with CALJIC No. 2.21.2].)

There is no change in the judgment.

Appellant’s petition for rehearing is denied.