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People v. Batchelor

California Court of Appeals, Fourth District, Second Division

October 8, 2014

THE PEOPLE, Plaintiff and Respondent,
v.
LARRY JASON BATCHELOR, Defendant and Appellant.

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING

THE COURT

IT IS ORDERED that the opinion filed herein on September 16, 2014, 229 Cal.App.4th 1102; ___Cal.Rptr.3d___ is modified as follows, and the petition for rehearing filed by plaintiff and respondent is DENIED:

On page 21, line 5 [229 Cal.App.4th 1117, advance report, 1st full par., line 5], the sentence which begins with the words “Perhaps the most straightforward way...” is modified to add the words “Under the unusual circumstances of this case” at the beginning of the sentence, so tat the sentence reads as follows:

“Under the unusual circumstances of this case, perhaps the most straightforward way to do so would have been to inform the jury of the results of the first trial, and to emphasize that its only task, left unresolved by the first trial, was to consider whether the elements of the single remaining offense had been proven beyond a reasonable doubt.”

Except for the above modification, the opinion remains unchanged. There is no change in the judgment.


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