People v. Gomez

Full title: THE PEOPLE, Plaintiff and Respondent, v. ELISEO CRUZ GOMEZ, Defendant and…

Court: California Court of Appeals, Fourth District, Third Division

Date published: Nov 21, 2008

No. G039092 (Cal. Ct. App. Nov. 21, 2008)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. ELISEO CRUZ GOMEZ, Defendant and Appellant. G039092 California Court of Appeal, Fourth District, Third Division November 21, 2008

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

Super. Ct. No. 06HF1386

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING; NO CHANGE IN JUDGMENT

O’LEARY, ACTING P. J.

It is ordered that the opinion filed October 24, 2008, be modified in the following particulars:

1. On page 12, first full paragraph, add the following to the end of the paragraph: Because we have found Gomez was not prejudiced by the prosecutor’s statements, we need not determine whether his defense counsel’s performance was deficient. (People v. Sanchez (1995) 12 Cal.4th 1, 40-41 [“If defendant fails to show that he was prejudiced by counsel’s performance, we may reject his ineffective assistance claim without determining whether counsel’s performance was inadequate”].)

The petition for rehearing is DENIED. This modification does not change the judgment.

WE CONCUR: MOORE, J., IKOLA, J.