From Casetext: Smarter Legal Research

People v. McCoy

California Court of Appeals, Third District, Sacramento
Sep 24, 2012
No. C067498 (Cal. Ct. App. Sep. 24, 2012)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. ALAN McCOY, Defendant and Appellant. C067498 California Court of Appeals, Third District, Sacramento September 24, 2012

Super. Ct. No. 10F02820

ORDER MODIFYING OPINION

THE COURT:

It is ordered that part II. of the opinion filed herein on August 29, 2012, which has been certified for partial publication, be modified as follows:

1. On page 14, at line 6 of continued footnote 6, which begins, “were the basis for the jury’s verdict. (Id. at p. 876.)”, insert additional citational material so that the citations now read:

(Coelho, at p. 876; but see In re Coley (Aug. 30, 2012, S185303) ___ Cal.4th ___ [2012 Cal. Lexis 8296, *75-*76 & fn. 18] [suggesting Coelho analysis is inconsistent with Oregon v. Ice (2009) 555 U.S. 160 [172 L.Ed.2d 517]].)

2. On page 16, at the second and third lines, which begin, “making sentencing choices. (People v. Towne (2008) 44 Cal.4th 63, 83-89.)”, insert additional citational material, so that the citations now read:

(People v. Towne (2008) 44 Cal.4th 63, 83-89; cf. In re Coley, supra, ___ Cal.4th at p. ___ [2012 Cal. Lexis 8296 at pp. *68-*69] [an evaluation of a sentence pursuant to the Eighth Amendment of the federal Constitution may consider facts underlying verdict of acquittal].)

There is no change in the judgment. (THESE MODIFICATIONS APPEAR IN PT. II., WHICH IS CERTIFIED FOR PUBLICATION.)

NICHOLSON, Acting P.J., BUTZ, J., HOCH, J.


Summaries of

People v. McCoy

California Court of Appeals, Third District, Sacramento
Sep 24, 2012
No. C067498 (Cal. Ct. App. Sep. 24, 2012)
Case details for

People v. McCoy

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ALAN McCOY, Defendant and…

Court:California Court of Appeals, Third District, Sacramento

Date published: Sep 24, 2012

Citations

No. C067498 (Cal. Ct. App. Sep. 24, 2012)