People v. Huynh (2002)

THE PEOPLE, Plaintiff and Respondent, v. QUAN LE HUYNH, Defendant and Appellant.

[Modification fn. * of opinion (99 Cal.App.4th 662) on denial of petition for rehearing.]

THE COURT. fn. † -

The opinion filed June 24, 2002, is modified as follows.

1. On page 2, in the published portion of the opinion, after the last sentence of the first paragraph [99 Cal. App. 4th 664, advance report, 1st par., last line], insert:

"But we order the abstract of judgment corrected to reflect that defendant has been convicted of second degree murder."

2. On page 31, in the unpublished portion of the opinion, insert before the last sentence:

"Also, defendant correctly notes that the abstract of judgment must be modified to reflect that he has been convicted of second not first degree murder. (People v. Mitchell (2001) 26 Cal. 4th 181, 185; People v. Mesa (1975) 14 Cal. 3d 466, 471.)"

3. On page 32 [99 Cal. App. 4th 680, advance report, line 2], in the published portion of the opinion, delete, "The judgment is affirmed."

In its place, insert:

"The abstract of judgment is modified to state that defendant has been convicted of second degree murder. In all other respects, the judgment is affirmed."

The rehearing petition is denied.

FN *. This modification requires the movement of text affecting pages 680-683 of the bound volume.

FN †. Before Turner, P. J. and Armstrong, J.