People v. Graddy

Full title: THE PEOPLE, Plaintiff and Respondent, v. TRENT GRADDY, Defendant and…

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

Date published: Oct 31, 2007

No. D050421 (Cal. Ct. App. Oct. 31, 2007)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. TRENT GRADDY, Defendant and Appellant. D050421 California Court of Appeal, Fourth District, First Division October 31, 2007

NOT TO BE PUBLISHED

Super. Ct. No. RIF119770

ORDER MODIFYING OPINION AND DENYING REHEARING

[CHANGE IN JUDGMENT]

NARES, Acting P. J.

THE COURT:

It is ordered that the opinion filed herein on October 16, 2007, be modified as follows:

1. On page 25, at the end of footnote 16, add the following as a separate paragraph:

Finally, as the parties have not raised or briefed the question in their initial briefs on appeal, we take no position on whether the One Strike enhancements may be retried, or the permissible parameters of such a retrial. At a minimum, of course, the case must be remanded so that Graddy can be resentenced.

2. In the Disposition paragraph on page 25, the second sentence beginning "The case" is deleted and the following is inserted in its place:

The case is remanded for proceedings not inconsistent with this opinion.

This modification changes the judgment.

Appellant's petition for rehearing is denied.