People v. Loyd (2000)

THE PEOPLE, Plaintiff and Respondent, v. CHRISTINE LOYD, Defendant and Appellant.

[Modification fn. * of Opinion (83 Cal. App. 4th 1166 ) on denial of petition for rehearing with no change in judgment.]

THE COURT.-

Defendant's petition for rehearing is denied. Except as stated below, defendant's petition for modification is also denied.

The opinion heretofore filed is modified as follows:

1. In the second line of the second full paragraph on page 26 of the typed opinion [83 Cal. App. 4th 1181 , advance report, 2d par., line 2], strike the words "fn. 14" and replace the stricken language with the words "fn. 13."

2. Strike the entire third sentence in footnote 19 on page 38 of the typed opinion [83 Cal. App. 4th 1191 , advance report, fn. 19, lines 5-6] and replace the stricken language with the following:

Defendant points out on petition for rehearing that she did mention the Act once in her briefs on appeal--but this was merely a passing reference in a footnote; it operated only as a description of proceedings in the trial court; it referred to the Act only by common name, without title or section number; and the Act was omitted entirely from the table of authorities. This insignificant allusion hardly sufficed to raise the issue of the Act's potential application to defendant's case.

fn. † 3. Strike the word "her" in the first line on page 41 of the typed opinion and replace the stricken language with the word "his."

The above modification does not effect any change in the judgment.

FN *. This modification requires movement of text affecting pages 1191-1197 of the bound volume report.

FN †. Reporter's Note: No. 3 applies to the nonpublished portion of the opinion.