People v. Harrison

Full title: THE PEOPLE, Plaintiff and Respondent, v. JEREMY JAMAL HARRISON, Defendant…

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

Date published: Nov 14, 2007

No. B191519 (Cal. Ct. App. Nov. 14, 2007)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. JEREMY JAMAL HARRISON, Defendant and Appellant. B191519 California Court of Appeal, Second District, Seventh Division November 14, 2007

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Los Angeles County Super. Ct. No. TA080454

THE COURT:

It is ordered that the opinion filed herein on October 17, 2007, be modified as follows:

1. On page 5, after “DISCUSSION,” section I, heading, delete “ASA” and insert in its place “AS”.

2. On page 5, first paragraph after “DISCUSSION,” section I, line 1, delete the words “proximate cause”.

3. On page 5, first paragraph after “DISCUSSION,” section I, line 1, delete the words “240 and 620” and add the following:

“1520 and 3150, which contain language on proximate cause also found in CALCRIM Nos. 240 and 620. The trial court omitted that proximate cause language from the instructions to be given to the jury. Appellant asserts that the court had a duty, sua sponte, to instruct the jury on proximate cause,”

4. On page 5, first paragraph after “DISCUSSION,” section I, line 3; and page 6, line 1, delete the words “denied his request for the instructions, but nevertheless.”

There is no change in judgment.

Respondent’s petition for rehearing is denied.

PERLUSS, P. J. JOHNSON, J. ZELON, J.