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People v. James

California Court of Appeals, First District, Fourth Division

July 14, 2015

THE PEOPLE, Plaintiff and Respondent,
v.
DENNIS LAMAR JAMES, Defendant and Appellant.

THE COURT:

IT IS ORDERED that the opinion filed herein on July 14, 2015, 238 Cal.App.4th 794; ___ Cal.Rptr.3d ___, be modified as follows and the petition for rehearing is DENIED:

1. On page 16, the first sentence of footnote 4 [238 Cal.App.4th 810, advance report, fn. 4, lines 1-4], the phrase “neither side addresses whether, ” the word “is, ” and the word “or” are to be deleted and replaced with the phrases “only appellant argues briefly that, ” “should be, ” and “rather than, ” so that the sentence reads:

While the parties discuss prejudice, only appellant argues briefly that the refusal to give CALCRIM No. 3425 should be judged by the harmless beyond a reasonable doubt standard under Chapman v. California (1967) 386 U.S. 18 [17 L.Ed.2d 705, 87 S.Ct. 824], rather than the “reasonable probability” standard under People v. Watson (1956) 46 Cal.2d 818, 836 [299 P.2d 243].

The second sentence of footnote 4 remains the same. There is no change in the judgment.

Appellant’s petition for rehearing is denied.


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