Opinion
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202 Cal.App.4th 983b __ Cal.Rptr.3d __ THE PEOPLE, Plaintiff and Respondent, v. MASALA MAJID JAMES, Defendant and Appellant. A128865 California Court of Appeals, First District, Fifth Division January 20, 2012Alameda County Super. Ct. No. H45120
THE COURTIT IS ORDERED that the opinion filed on December 22, 2011 (202 Cal.App.4th 323;___ Cal.Rptr.3d ___), is modified as follows and the petition for rehearing is DENIED:
1. On page 5 [202 Cal.App.4th 329, advance report, after 2d full par.], in part II.A., a new paragraph is inserted as the second paragraph in that part, to read: “On December 9, 2008, James, who was in custody throughout these proceedings, filed a motion seeking an order directing the Alameda County Sheriff’s Office to provide him escorted access to the county law library. In support of that motion, he submitted, as an exhibit to his declaration, a copy of a ‘Legal Information Request’ form. That form includes a space for the inmate to designate five items that he or she wants to receive. It also states: ‘In the information request blank lines at the bottom of the form you may ask for specific cases or code sections, and/or general information about a topic that concerns you. [¶] If you want a specific case, please provide as much information as you can such as case name, citation, and year of decision. For example, People vs. Smith, 1 Cal.App.4th 233, (1977). [¶] If you want to see a particular law or statute, you may ask for it by a specific reference such as Penal Code section 415, or by subject such as “Laws or Code sections about disturbing the peace.” [¶] If you want to read general information about a topic that concerns you, ask for information by naming the topic such as parole violations, probation, divorce, child custody, etc.'' (Some capitalization omitted.)"
2. On page 5 [202 Cal.App.4th 329, advance report, 3d full par., lines 1-3], in part II.A., the first sentence of the now third full paragraph (beginning with the words, “On December 9, 2008”) is deleted.
3. On page 13 [202 Cal.App.4th 336, advance report, 1st par., lines 3-6], in part II.B., the penultimate sentence of the first (partial) paragraph, is amended to read “James could also obtain topical information pamphlets simply by
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naming a topic, which would then enable him to request specific cases, annotated statutes, additional secondary source material, and Shepardization treatment of a citation.”
The modification effects no change in the judgment.