People v. Washington (2002)

THE PEOPLE, Plaintiff and Respondent, v. BRIAN WASHINGTON, Defendant and Appellant.

[Modification of opinion (100 Cal.App.4th 590).]

MOSK, J.-

It is ordered that the opinion filed herein on July 25, 2002, and certified for publication, be modified in the following particular:

On page 4 of the dissenting opinion, first full paragraph, line 5 [100 Cal. App. 4th 598, advance report, 2d par., line 6], I insert an additional citation after People ex. rel Lungren v. Superior Court (1996) 14 Cal. 4th 294 as follows:

People v. Avery (2002) 27 Cal. 4th 49, 58 ["true ambiguities are resolved in a defendant's favor" if the appellate court cannot "fairly discern a contrary legislative intent"]

There is no change in the judgment.