P. v. Weber 6/23/10 CA3

State: California

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

Docket No: C060135M

Case Date: 08/19/2010

Preview:Filed 6/23/10

CERTIFIED FOR PARTIAL PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) ----

THE PEOPLE, Plaintiff and Respondent, v. JOSEPH WEBER, Defendant and Appellant. THE COURT: The opinion filed on June 7, 2010, is modified as follows. In Part IV, page 36, delete the sentence beginning "As expressed in the recent opinion in People v. Brown (2010) 182 Cal.App.4th 1354," and replace it with the following text: We C060135 (Super. Ct. No. SF105311A) MODIFICATION OF OPINION [NO CHANGE IN JUDGMENT]

conclude that the amendments do apply to all appeals pending as of January 25, 2010. (See In re Estrada (1965) 63 Cal.2d 740,

745 [amendment to statute lessening punishment applies "to acts committed before its passage provided the judgment convicting

Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for publication with the exception of Part IV of the DISCUSSION.

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the defendant is not final"]; People v. Hunter (1977) 68 Cal.App.3d 389, 393 [applying Estrada to amendment allowing award of custody credits]; People v. Doganiere (1978) 86 Cal.App.3d 237 [applying Estrada to amendment involving conduct credits].) This modification does not change the judgment.

SIMS

, Acting P. J.

NICHOLSON

, J.

RAYE

, J.

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