February 26, 2014
THE PEOPLE, Plaintiff and Respondent,
THOMAS RAYMOND SHOCKLEY, Defendant and Appellant.
The opinion in this matter filed on December 26, 2013, 58 Cal.4th 400, 165 Cal.Rptr.3d 497, 314 P.3d 798 and appearing at 58 Cal.4th 400, advance report, is modified as follows and the petition for rehearing is DENIED:
On page 58 Cal.4th 405, advance report, the third sentence in the third full paragraph that now reads: "If guilt of battery is predicated on guilt of lewd conducti.e., if a person guilty of lewd conduct is automatically also guilty of batterythere would be no elements of battery not also required of lewd conduct," is modified to read as follows: "If guilt of battery is predicated on guilt of lewd conducti.e., if a person is guilty of battery because that person committed lewd conductneither crime would have an element not also required of the other."
This modification does not change the judgment.