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People v. Guzman

California Court of Appeals, Fourth District, Second Division
Feb 3, 2012
No. E050850 (Cal. Ct. App. Feb. 3, 2012)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. JAIRO FIDEL GUZMAN, Defendant and Appellant. E050850 California Court of Appeals, Fourth District, Second Division February 3, 2012

NOT TO BE PUBLISHED

Received for Posting 2/15/12.

Super. Ct. No. RIF143965.

ORDER MODIFYING OPINION AND DENYING

MILLER, J.

The petition for rehearing is denied. The opinion filed in this matter on January 4, 2012, is modified as follows:

1. On pages 22 through 23, the sentence “Defendant noted that his “prior two strikes were based on a single course of conduct.”, i.e., there was only one incident but two victims, ” is modified to read: “Defendant noted that his prior two strikes were based on a single course of conduct.”

2. On page 28, in footnote No. 6, the sentence “Defense counsel declined to so because, in fact, defendant’s prior convictions were not divisible behavior, ” is modified to read: “Defense counsel declined to so because, in fact, defendant’s prior conviction offenses were definitively divisible behavior.

3. On pages 28 through 29, the paragraph that begins “Second, it is clear from the record...” is modified by removing the following sentences: “Defendant initially stated in his moving papers the prior offenses involved two separate victims in which case defendant’s prior strike conduct would have come within the multiple victim exception to section 654’s dictates. (People v. Deloza (1998) 18 Cal.4th 585, 592.) Only at the hearing on his motion did defendant state that the offenses were committed against a single victim, which he admitted occurred at different times, albeit, during the same day.”

Except for these modifications, the opinion remains unchanged. The modification does not affect a change in the judgment.

We concur: McKINSTER, Acting P. J., CODRINGTON, J.


Summaries of

People v. Guzman

California Court of Appeals, Fourth District, Second Division
Feb 3, 2012
No. E050850 (Cal. Ct. App. Feb. 3, 2012)
Case details for

People v. Guzman

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JAIRO FIDEL GUZMAN, Defendant and…

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

Date published: Feb 3, 2012

Citations

No. E050850 (Cal. Ct. App. Feb. 3, 2012)