P. v. Minsky 2/20/03 CA2/8

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B155109M

Case Date: 02/20/2003

Preview:Filed 2/20/03

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT THE PEOPLE, Plaintiff and Respondent, v. RICHARD A. MINSKY, Defendant and Appellant. B155109 (Super. Ct. No. BA175204) MODIFICATION OF OPINION
[NO CHANGE IN JUDGMENT]

THE COURT:* GOOD CAUSE appearing therefor the opinion filed on January 23, 2003, in the above-entitled matter is hereby modified as follows: On page 8, delete the entire second paragraph and footnote 9 beginning with "Relying on recent case authority . . ."and replace with the following paragraph and footnote 9: Relying on recent case authority, Minsky contends that the statutory definition of duress for rape in section 261, which now excludes hardship, applies to the other sex offense statutes. (Valentine, supra, 93 Cal.App.4th at pp. 1249-1252.) Respondent contends it does not, pointing to the language of section 261, which defines duress "[a]s used in this section . . . ." (

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