P. v. Warner

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Filed 9/20/06 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, v. BRIAN ERIC WARNER, Defendant and Appellant. ) ) ) ) ) ) ) ) ) ) S126233 Ct. App. 3 C038245 Sacramento County Super. Ct. No. 00FO8985 MODIFICATION OF OPINION BY THE COURT The opinion herein, appearing at 39 Cal.4th 548, is modified as follows: On page 559, the text of footnote 6 is deleted and replaced with: At the time the defendant in Equarte committed his crimes, section 1192.7(c)(18) included in the definition of a serious felony a burglary of a residence. (Prop. 8, as approved by voters, Primary Elec. (June 8, 1982).) Proposition 21, which passed on March 7, 2000, amended section 1192.7(c)(18) to read: any burglary of the first degree. (See People v. Garrett (2001) 92 Cal.App.4th 1417, 1420-1421.) This modification does not affect the judgment. (Cal. Rules of Court, rule 24(c).)

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