P. v. Chan

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Filed 11/15/04 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE THE PEOPLE, Plaintiff and Respondent, B169749 (Los Angeles County Super. Ct. No. NA054733) v. MODIFICATION OF OPINION HOY CHAN, [NO CHANGE IN JUDGMENT] Defendant and Appellant. The opinion filed October 28, 2004, is modified in the following particulars: 1. On page 2, paragraph 2, line 4, after (b)(1) and (a)(1) delete the (1) after (a) ; 2. On page 6, paragraph 2, lines 6-8, delete former subd. (g)(3), as amended by Stats. 1994, ch. 867, § 2.7, p. 4393; § 290, present subd. (g)(3).) The word willfully implies a purpose or willingness to make the omission. (§ 7.) In its place, insert former subd. (g)(3), as amended by Stats. 1994, ch. 867, § 2.7, p. [4389]; § 290, present subd. (g)(3).) The word willfully implies a purpose or willingness to make the omission. ([Stats. 1994, ch. 867,] § 7[, p. 4402].) ; 3. On page 14, paragraph 2, line 5, after (§ 667.61, subd. (c) insert (4) ; * Pursuant to California Rules of Court, rules 976(b) and 976.1, this opinion is certified for publication with the exception of part II (D). 4. On page 14, paragraph 2, line 6, delete Section 661.61, and insert Section 667.61 ; 5. On page 14, footnote 9, delete the language inside the footnote and replace it with Section 667.61, subdivision (c)(4) states: (c) This section shall apply to any of the following offenses: [¶] . . . (4) A violation of subdivision (b) of Section 288 ; 6. On page 16, paragraph 1, line 14, insert (§ 667.61, subd. (g).) ; 7. On page 17, in the bracketed text, delete post at page 26 and insert post at page 19 ; and 8. On page 18, paragraph 1, line 3, delete Further, before Blakely. _____________________ TURNER, P.J. ______________________ GRIGNON, J. 2

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