People v. Cox (2000)

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[No. S070959. Aug. 9, 2000.]

THE PEOPLE, Plaintiff and Respondent, v. JULIUS LAMAR COX, Defendant and Appellant.

In re JULIUS LAMAR COX on Habeas Corpus.

[Modification of Opinion (23 Cal.4th 665).]

THE COURT.-The opinion herein, appearing at 23 Cal. 4th 665, is modified as follows.

At page 656 of 23 Cal.4th, the first full paragraph beginning with the words "Because the Court of Appeal erroneously concluded" is modified to read:

Because the Court of Appeal erroneously concluded that the involuntary manslaughter instruction given below did not have to comply with Wells, it did not have occasion to pass on the question whether such erroneous instruction prejudiced the verdict.

This modification does not affect the judgment.