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People v. Murillo

California Court of Appeals, Second District, Sixth Division

December 9, 2014

THE PEOPLE, Plaintiff and Respondent,
v.
TONY MURILLO, Defendant and Appellant.

THE COURT:

It is ordered that the opinion filed herein on November 13, 2014, 231 Cal.App.4th 448;___ Cal.Rptr.3d ___ be modified as follows:

1. On page 7, in the last sentence in the first paragraph [231 Cal.App.4th 454, advance report, 1st full par., line 8], the word "inference" is changed to "inferences, " so that the sentence begins, "The court then allowed counsel to reargue the reasonable inferences …."

2. On page 8, on line 6 in the first paragraph [231 Cal.App.4th 455, advance report, 2d full par., lines 11-12], beginning "But on March 5, " the word "but" is deleted, so that the sentence begins, "On March 5.…"

3. On page 10, the last sentence in the second full paragraph [231 Cal.App.4th 457, advance report, 2d full par., lines 8-11], is changed to read:

"Under these circumstances, the error in allowing these extensive and factually specific questions was harmful and compels the conclusion that the manner in which the prosecution presented its case denied Murillo a fair trial."

4. On page 11, in the last sentence of the first paragraph [231 Cal.App.4th 457, advance report, 4th full par., line 3], add the word "the" before "trial court, " so that the sentence ends, "…but we offer suggestions that may be useful to the trial court."

5. On page 11, the last sentence and citation in the last paragraph [231 Cal.App.4th 458, advance report, 1st full par., lines 2-5], are changed to read:

"Absent this infirmity, we are not convinced beyond a reasonable doubt that the error did not contribute to the verdict. (Chapman v. California (1967) 386 U.S. 18, 24 [87 S.Ct. 824, 17 L.Ed.2d 705].)"

There is no change in the judgment.


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