People v. Zavala

Full title: THE PEOPLE, Plaintiff and Respondent, v. MARK ANDREW ZAVALA, Defendant and…

Court: California Court of Appeals, Fifth District

Date published: Aug 23, 2007

No. F050302 (Cal. Ct. App. Aug. 23, 2007)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. MARK ANDREW ZAVALA, Defendant and Appellant. F050302 California Court of Appeal, Fifth District, August 23, 2007

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Super. Ct. No. 95CM7578

ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT]

CORNELL, J.

It is ordered that the opinion filed herein on July 24, 2007, be modified as follows:

1. On page 6, after the first complete sentence ending “the findings at the probable cause hearing,” add as footnote 1 the following footnote:

¹ Also, Zavala’s challenge to the sufficiency of the evidence establishing the two qualifying prior sexual offenses is barred by the doctrine of collateral estoppel. (People v. Lopez (2006) 146 Cal.App.4th 1263, 1273.) In his first commitment hearing, Zavala admitted the allegations of the petition, which admission necessarily included the allegation that he had two qualifying priors. Based upon the holding of Lopez, collateral estoppel precludes Zavala from challenging this point.

There is no change in the judgment.

Appellant’s petition for rehearing is denied.

WE CONCUR: WISEMAN, Acting P.J., HILL, J.