Opinion
G030436.
7-17-2003
THE PEOPLE, Plaintiff and Respondent, v. DUVALL TYREE HARTLEY, Defendant and Appellant.
ORDER MODIFYING OPINION DENYING PETITION FOR REHEARING; NO CHANGE IN JUDGMENT
The opinion filed in this case on June 27, 2003, is hereby ordered modified as follows:
On page 3, the first sentence in the last paragraph should be deleted. The second sentence of that paragraph, and it accompanying parenthetical should be modified to read, "Penal code section 12022.53 has been upheld repeatedly as not meting out cruel and unusual punishment as that is defined under either the state or federal guarantees. Examples of that holding can be found in People v. Zepeda (2001) 87 Cal.App.4th 1183, and People v. Martinez (1999) 76 Cal.App.4th 489. Moreover, in People v. Felix (2003) 108 Cal.App.4th 994 and People v. Gonzales (2001) 87 Cal.App.4th 1, the same statute was upheld against an attack on exclusively state constitutional grounds." This modification does not effect a change in the judgment. The petition for rehearing is denied.
WE CONCUR: LEARY, J., and IKOLA, J.