Opinion
Page 366a
239 Cal.App.4th 366a __ Cal.Rptr.3d __ THE PEOPLE, Plaintiff and Respondent, v. DENNIS LAMAR JAMES, Defendant and Appellant. A139463 California Court of Appeals, First District, Fourth Division July 14, 2015THE COURT:
IT IS ORDERED that the opinion filed herein on July 14, 2015, 238 Cal.App.4th 794; ___ Cal.Rptr.3d ___, be modified as follows and the petition for rehearing is DENIED:
1. On page 16, the first sentence of footnote 4 [238 Cal.App.4th 810, advance report, fn. 4, lines 1-4], the phrase “neither side addresses whether, ” the word “is, ” and the word “or” are to be deleted and replaced with the phrases “only appellant argues briefly that, ” “should be, ” and “rather than, ” so that the sentence reads:
While the parties discuss prejudice, only appellant argues briefly that the refusal to give CALCRIM No. 3425 should be judged by the harmless beyond a reasonable doubt standard under Chapman v. California (1967) 386 U.S. 18 [17 L.Ed.2d 705, 87 S.Ct. 824], rather than the “reasonable probability” standard under People v. Watson (1956) 46 Cal.2d 818, 836 [299 P.2d 243].
The second sentence of footnote 4 remains the same. There is no change in the judgment.
Appellant’s petition for rehearing is denied.