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People v. Lopez

California Court of Appeals, Sixth District

July 22, 2015

THE PEOPLE, Plaintiff and Respondent,
v.
JOHN ANTHONY LOPEZ, Defendant and Appellant.

THE COURT:

IT IS ORDERED that the opinion filed herein on June 29, 2015, 238 Cal.App.4th 177; ___ Cal.Rptr.3d ___, be modified as follows and the petition for rehearing is DENIED:

On page 4 [238 Cal.App.4th 182, advance report, 3d par., line 2], last paragraph, delete the following sentences:

Furthermore, it is not our place to remand this matter to the trial court and direct that a hearing be held under section 1170.18. A section 1170.18 petition must be filed once the judgment is final and the jurisdiction over the cause has been returned to the trial court.

Replace with:

Furthermore, since we have expedited and decided this appeal jurisdiction over this matter will be returned to the trial court upon issuance of the remittitur. Appellant can then file his petition pursuant to section 1170.18 for recall of sentence.

The petition for rehearing is denied. There is no change in judgment.


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