Opinion
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
Super. Ct. No. 29368
ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT]
HILL, J.
THE COURT:
GOOD CAUSE appearing therefore the opinion filed on January 7, 2008, in the above entitled matter is hereby modified, on the court’s own motion, as follows:
1. On page 13, the citation at the end of the first full paragraph shall be deleted in its entirety and replaced as follows:
(See People v. Tu (2007) 154 Cal.App.4th 735, 748-749, review granted December 12, 2007, S156995; People v. Buchanan (2006) 143 Cal.App.4th 139, 149; People v. Palmer (2006) 142 Cal.App.4th 724, 733; People v. Smith (2003) 110 Cal.App.4th 1072, 1075; People v. Lee (2003) 111 Cal.App.4th 1310, 1312-1316; People v. Superior Court (Andrades) (2003) 113 Cal.App.4th 817, 830-834; People v. Bowden (2002) 102 Cal.App.4th 387, 390; but see People v. Nguyen (2007) 152 Cal.App.4th 1205, 1224-1226 , review granted October 10, 2007, S154847.)
2. The final two paragraphs of the opinion, on pages 13 and 14, including footnote 9 on page 14, shall be deleted in their entirety and replaced as follows:
Although, as defendant notes, there is no right to jury trial in California juvenile wardship proceedings, in our view the numerous procedural safeguards present in such proceedings are adequate to establish that consideration of juvenile adjudications in the imposition of an upper term in adult criminal proceedings is consistent with due process requirements.
Except for the modifications as set forth, the opinion previously filed remains unchanged. These modifications do not effect a change in the judgment.
WE CONCUR:
VARTABEDIAN, Acting P.J., GOMES, J.