People v. McCoy (2000)

THE PEOPLE, Plaintiff and Respondent, v. TERRY McCOY, Defendant and Appellant.

[Modification of dissenting opinion (80 Cal.App.4th 57).]

GODOY PEREZ, J.- It is ordered that the opinion filed herein on April 24, 2000, certified for partial publication, be modified in the following particulars:

1. On page 5 of the dissent, the citation following the first sentence in the first paragraph which reads:

(See, e.g., People v. Hannah (1999) 73 Cal. App. 4th 270; People v. Barrera (1999) 70 Cal. App. 4th 541; People v. Hong (1998) 64 Cal. App. 4th 1071.)

is deleted and replaced with:

(See, e.g., People v. Hannah (1999) 73 Cal. App. 4th 270; People v. Hong (1998) 64 Cal. App. 4th 1071.)

2. On page 5 of the dissent, the last sentence in the first paragraph [80 Cal. App. 4th 73, advance report, 2d par., lines 16-20] which reads:

Hence, Tillman's failure to expressly disapprove People v. Hannah, supra, 73 Cal. App. 4th 270, People v. Barrera, supra, 70 Cal. App. 4th 541, and People v. Hong, supra, 64 Cal. App. 4th 1071, is of no merit, as Tillman overruled them sub silentio to the extent they belonged to the non-waiver line of cases.

is deleted and replaced with:

Hence, Tillman's failure to expressly disapprove People v. Hannah, supra, 73 Cal. App. 4th 270, and People v. Hong, supra, 64 Cal. App. 4th 1071, is of no merit, as Tillman overruled them sub silentio to the extent they belonged to the non-waiver line of cases.

There is no change in judgment.