[REVIEW GRANTED] People v. Reliford (2001)

THE PEOPLE, Plaintiff and Respondent, v. RODNEY DAMON RELIFORD, Defendant and Appellant.

[Modification of opinion (93 Cal.App.4th 973) with no change in judgment.]

THE COURT: fn. *

It is ordered that the opinion filed herein on November 14, 2001, be modified as follows:

1. On pages 6-7, third paragraph [93 Cal. App. 4th 979, advance report, line 4], the sentence should end with a period after the words "of structural error." The rest of the paragraph should be deleted and replaced with the following language: "Thus, the question is whether the error was harmless beyond a reasonable doubt. We conclude that it was."

2. On page 7, the first sentence of the first full paragraph [93 Cal. App. 4th 979, advance report, 1st par.] should be deleted.

3. On page 14, the last paragraph [93 Cal. App. 4th 985, advance report, 2d par.] should be replaced with the following language: "Given the entirety of the evidence, all of the instructions given by the court, the argument of counsel, and the true finding by the jury regarding the prior offense, we are convinced beyond a reasonable doubt that the erroneous instruction was harmless."

There is no change in the judgment.

FN *. EPSTEIN, Acting P.J., HASTINGS, J., CURRY, J.