P. v. Torres

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Filed 10/24/02 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE THE PEOPLE, A091096 Plaintiff and Respondent, v. (San Francisco County Super. Ct. No. 175896) ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] JAIME WILFREDO TORRES, Defendant and Appellant. THE COURT: It is ordered that the opinion filed herein on October 9, 2002, be modified as follows: The last line at the bottom of page 21 beginning with the parties in Johnson and ending at the top of page 22 with convictions should be reversed. is deleted, and the following text is substituted: the question of which of the alternative convictions should be reversed, was not at issue, the court therefore never reached the question of when, and under what circumstances the proscription against multiple convictions in section 288.5, subdivision (c) could be remedied instead by reversing the section 288.5 conviction. * Pursuant to California Rules of Court, rules 976(b) and 976.1, this opinion is certified for publication with the exception of the Analysis, parts I through VII. 1 There is no change in the judgment. Dated: ____________________ Marchiano, P.J. 2 Trial Court: Superior Court City and County of San Francisco Trial Judge: Honorable Kevin V. Ryan Attorneys for Appellant: Carlo Andreani First District Appellate Project Attorneys for Respondent: Bill Lockyer, Attorney General Robert R. Anderson, Chief Assistant Attorney General Ronald A. Bass, Senior Assistant Attorney General Gerald A. Engler, Supervising Deputy Attorney General George F. Hindall III Deputy Attorney General 3

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