Opinion
B236483
01-23-2013
THE PEOPLE, Plaintiff and Respondent, v. SEAN THOMAS TURNER, Defendant and Appellant.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County
Super. Ct. No. YA077615)
ORDER MODIFYING OPINION
AND DENYING REHEARING
[CHANGE IN JUDGMENT]
THE COURT: *
It is ordered that the opinion filed on January 8, 2013, be modified as follows:
1. On page 13, the first full paragraph beginning "Appellant acknowledges that proof of a traumatic injury" is deleted and the following paragraph is inserted in its place:
"Appellant's contention that some jurors could have voted to convict appellant of misdemeanor battery because 'the prosecution had not proven the traumatic injury element of the Section 273.5 offense beyond a reasonable doubt,' is without merit. The jury heard conflicting evidence and was free to choose whether appellant's application of force directly caused Christina's traumatic injuries or that the injuries were caused when he attempted to remove the baby from her arms. An instruction on misdemeanor battery was not warranted based on the evidence presented. (People v. Breverman (1998) 19 Cal.4th 142, 154.)"
2. The DISPOSITION on page 17 is modified to read as follows:
"The judgment is modified to reflect that appellant is awarded 296 days presentence credit consisting of 148 days actual custody credit and 148 days of conduct credit. The clerk of the superior court is ordered to prepare a corrected minute order of the sentencing hearing and an amended abstract of judgment reflecting this change. In all other respects, the judgment is affirmed."
This modification changes the judgment.
Appellant's petition for rehearing is denied. _________________________________
* DOI TODD, Acting P. J.
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ASHMANN-GERST, J.
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CHAVEZ, J.