People v. Hutchins (2001)

THE PEOPLE, Plaintiff and Respondent, v. JACOB WAYNE HUTCHINS, Defendant and Appellant.

[Modification of opinion (90 Cal. App. 4th 1308; 109 Cal.Rptr.2d 643).]

McGUINESS, P. J.-

It is ordered that the opinion filed herein on July 25, 2001, be modified as follows:

1. On page 19, line 10 [90 Cal. App. 4th 1317, advanced report, 1st par., lines 11-15], beginning "(Stats. 1996, ch. 598, § 3" and ending on line 13 with "as part of Proposition 222." is deleted and the following sentence is inserted in its place:

Thus, it did not actually become effective until June 3, 1998, after the approval by the electorate of the current language of section 190, subdivision (e) as part of Proposition 222 in the Primary Election of June 2, 1998. (Stats. 1996, ch. 598, §§ 1, 3, 5; Stats. 1997, ch. 413, §§ 1, 3.)

2. On page 20, of the third full paragraph [90 Cal. App. 4th 1318, advanced report, 1st par., lines 1-4], beginning "The abstract of judgment" the first full sentence is deleted and the following is inserted in its place:

The abstract of judgment is ordered modified to strike the two-year enhancement imposed pursuant to former section 186.22, subdivision (b)(1), and to order that appellant not be paroled until he has served a minimum of 15 calendar years on his second degree murder conviction.

There is no change in the judgment.