California Court of Appeals, Third District, Sacramento
IT IS ORDERED that the opinion filed herein on July 31, 2014, 228 Cal.App.4th 651, ___ Cal.Rptr.3d ___, be modified as follows and he petition for rehearing is DENIED:
1. On page 6 in footnote 4, in the parenthetical following the second complete sentence [228 Cal.App.4th 658, advance report, footnote 4, line 8] after the words great bodily injury add ; but see § 12022.55 [enhancement requiring intent to cause great bodily injury or death] so that the parenthetical reads:
(People v. Poroj (2010) 190 Cal.App.4th 165, 172-176 [117 Cal.Rptr.3d 884]; see Couzens & Bigelow, The Amendment of the Three Strikes Sentencing Law (Nov. 4, 2013) Petition for Resentencing, p. 29 [indeed, there is no crime or special penalty for committing a crime with the intent to cause great bodily injury]; but see § 12022.55 [enhancement requiring intent to cause great bodily injury or death].)
2. On page 11, the first sentence of the first paragraph [228 Cal.App.4th 661, advance report, 2d full par., line 1] the words the factual basis of are to be added before the words the trial courts finding so that the sentence now reads:
Defendant acknowledges we review the factual basis of the trial courts finding under the familiar sufficiency of the evidence standard.
3. On page 13, footnote 6 [228 Cal.App.4th 663, advance report, fn. 6], delete the text of the entire footnote and replace it so that the footnote reads as follows:
The responsive and reply briefs cite to Pepper v. United States (2011) 562 U.S. ___ [179 L.Ed.2d 196, ] 31 S.Ct. 1229] (Pepper). Pepper involved the admissibility of postsentencing rehabilitation after a federal criminal sentence had been set aside on appeal.
(Pepper, supra, 562 U.S. at pp. ___, ___ [179 L.Ed.2d at pp. 208, 213-215].) That case has no application to a petition to recall a ...