[REVIEW GRANTED] People v. Castro (2001)

[Modification of Opinion (87 Cal. App. 4th 1446; 105 Cal.Rptr.2d 365) on denial of petition for rehearing.]

THE PEOPLE, Plaintiff and Respondent, v. ANDRES JUAREZ CASTRO, Defendant and Appellant.

HOLLENHORST, J.-

It is ordered that the opinion filed herein on March 28, 2001, be modified as follows:

1. On page 10 [87 Cal. App. 4th 1453, advance report], the first full paragraph shall be replaced in its entirety as follows:

Section 190 was considerably revised in 1978 by initiative measure. At the time defendant committed his crimes (1997), section 190, which prescribed the penalty for murder, provided, in relevant part, "Except as provided in subdivision (b), Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3[6] shall apply to reduce any minimum term of 15, 20, or 25 years in the state prison imposed pursuant to this section, but the person shall not otherwise be released on parole prior to that time." (Former § 190, subd. (a) (Prop. 7, as approved by voters, Gen. Elec. (Nov. 7, 1978)); 1987, ch. 1006, § 1 (Prop. 67, as approved by electorate, Prim. Elec. (June 7, 1988)), operative June 8, 1988; 1993, ch. 609, § 3 (Prop. 179, as approved by electorate, Prim. Elec. (June 7, 1994)).) In other words, a person convicted of murder would get the credits defined in Article 2.5, but no others. In 1978, Article 2.5 consisted of sections 2930, 2931, and 2932.

2. On page 11, line 8 [87 Cal. App. 4th 1454, advance report, line 1], after the sentence ending "impermissibly modifies section 190," add as footnote 8 the following footnote, which will require renumbering of all subsequent footnotes:

8 This issue is currently pending before our Supreme Court in People v. Cooper, review granted February 14, 2001, S092882.

Except for this modification, the opinion previously filed remains unchanged. [88 Cal. App. 4th 875b]

The petitions for rehearing are denied. There is no change in the judgment.

Ramirez, P. J., and Ward, J., concurred.

FN 6 Herein referred to as Article 2.5.