People v. Lemon

Full title: THE PEOPLE, Plaintiff and Respondent, v. MICHAEL BRECK LEMON, Defendant…

Court: California Court of Appeals, First District, First Division

Date published: Feb 25, 2008

No. A117260 (Cal. Ct. App. Feb. 25, 2008)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL BRECK LEMON, Defendant and Appellant. A117260 California Court of Appeal, First District, First Division February 25, 2008

NOT TO BE PUBLISHED

San Mateo County Super. Ct. No. SC061648A

ORDER MODIFYING OPINION

Margulies, Acting P.J.

It is ordered that the opinion filed herein on January 25, 2008, be modified as follows:

1. On page 4, in the last paragraph, delete the sentence beginning “Defendant had left the Jericho Project treatment program” and add the following sentence and new footnote 2, which will require renumbering of all subsequent

Defendant had participated in the Jericho Project treatment program for four months in 1999, according to the officer, but defendant thought the program was “too strict” and did not help those who need help.²

2 The record does not show whether defendant completed the program or left it early.

2. On page 7, in the last paragraph, modify the sentence beginning, “Despite his lengthy history” so that it reads as follows:

Despite his lengthy history of alcoholism and DUI offenses, defendant had been in treatment only once before the 2005 offense, for four months in 1999.

3. On page 7, in the last full paragraph, delete the sentence beginning, “On that occasion,” and substitute the following:

He told the probation officer that he considered that program to be too strict.

There is no change in the judgment.