P. v. White

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Filed 11/7/05 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR THE PEOPLE, Plaintiff and Respondent, B166502 (Los Angeles County Super. Ct. No. VA072175) v. ORDER MODIFYING OPINION KEITH L. WHITE, Defendant and Appellant. THE COURT:* It is ordered that the opinion filed herein on October 14, 2005, be modified as follows: On page 8, the second full paragraph: (1) lines 1 and 2, delete derived from former section 288b enacted in 1967 ; and (2) line 8, delete see Stats. 1967, ch. 1551, § 3, p. 3722, so the paragraph now reads: The first modern version of section 288a, subdivision (c) contained no subparagraphs and simply provided that [a]ny person who participates in an act of oral copulation with another person who is under 14 years of age and more than 10 years younger than he, or who has compelled the participation of another person in an act of oral copulation by force, violence, duress, menace, or threat of great bodily harm, shall be punished by imprisonment in the state prison for a period not less than three years. (Stats. 1975, ch. 877, § 2, p. 1958, italics added.) This modification does not constitute a change in the judgment. __________________________________________________________________ *EPSTEIN, P.J. HASTINGS, J. CURRY, J. 2

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