P. v. Boyette

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Filed 2/11/03 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) v. ) ) MAURICE BOYETTE, ) ) Defendant and Appellant. ) ___________________________________ ) S032736 Alameda County Super. Ct. No. 114009B MODIFICATION OF OPINION THE COURT: The opinion herein, filed December 2, 2002, appearing at 29 Cal.4th 381, is modified as follows: 1. Delete the first full paragraph on page 423 and replace it with the following paragraph: Defendant also contends the trial court used the wrong standard in assessing whether he had established a prima facie showing of group bias. He claims he need only raise an inference of such bias, whereas we have held he must show a strong likelihood of such bias. (See Wade v. Terhune (9th Cir. 2000) 202 F.3d 1190 [discussing a perceived difference between the two standards].) However, as we have explained, in California, a strong likelihood means a reasonable inference. (People v. Box (2000) 23 Cal.4th 1153, 1188, fn. 7; see People v. Wheeler (1978) 22 Cal.3d 258, 280-281.) Moreover, even assuming arguendo that the two standards were different, and that the reasonable inference standard were more lenient, the court s ruling finding that defendant had not established a prima facie showing of group bias was supportable. 2. Delete the words guilt phase in line 9 of the ninth full paragraph on page 455 of the opinion and replace it with penalty phase. This modification does not affect the judgment. 2

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