P. v. Kelly
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Filed 2/20/08 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) v. ) ) DOUGLAS OLIVER KELLY, ) ) Defendant and Appellant. ) ___________________________________ ) S049973 Los Angeles County Super. Ct. No. LA015339 ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] THE COURT: The majority opinion filed December 6, 2007, and published at 42 Cal.4th 763 is modified as follows: In the second paragraph on page 799, the second sentence, which reads, We see nothing in Payne v. Tennessee, supra, 501 U.S. 808, or our own cases, that prohibits comparing the victim and the defendant, is deleted and replaced with the following sentence: Nothing in the record, however, shows that such a comparison was made in this case. This modification does not affect the judgment.
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