In re Richardson

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Filed 6/29/11 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ---- In re JIMMY RICHARDSON C062684 on Habeas Corpus. (Super. Ct. No. 07F11128) ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] THE COURT: It is ordered that the opinion filed herein on June 13, 2011, be modified as follows: The last paragraph beginning on page 19 and continuing on page 20 is deleted and the following paragraph is inserted in its place: It also was not unreasonable here because the Supreme Court, when it granted review in Trujillo, gave no indication it would resolve the issue it did not address in Reed. The court initially granted review in Trujillo on a grant and hold basis 1 behind another case (People v. Samples, S112201) which did not concern the admissibility of probation report admissions to prove a strike. (People v. Trujillo, S130080, Supreme Ct. mins., Feb. 16, 2005; see also People v. Samples (Nov. 7, 2002, D039196) [nonpub. opn.], review granted Feb. 25, 2003, S112201, review dism. May 9, 2007.) The court then ordered briefing in Trujillo on whether the People could appeal a trial court s order that found a prior conviction was not a strike. (People v. Trujillo, S130080, Supreme Ct. mins., May 18, 2005.) Later, the court ordered supplemental briefing on the merits of the trial court s determination that the prior conviction was not a strike. (People v. Trujillo, S130080, Supreme Ct. mins., Apr. 26, 2006.) Nothing in the court s notices in Trujillo would have led an attorney to reasonably believe the court was going to address whether probation report admissions were admissible to prove a strike. This modification does not change the judgment. THE COURT: NICHOLSON , Acting P. J. ROBIE , J. 2

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