People v. Superior Court (Zamudio)(2000)

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[No. S073031. Jul. 12, 2000.]

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SAN JOAQUIN COUNTY, Respondent; JOSE FRANCISCO ZAMUDIO, Real Party in Interest.

[Modification of Opinion (23 Cal.4th 183).]

THE COURT.-

First, footnote 6 of the opinion herein, filed on June 5, 2000, appearing at 23 Cal. 4th 183, 191, is modified as follows. The second and third sentences, the citation sentence following the third sentence, and the first word of the sentence following these, i.e., "Moreover," all are deleted and the initial "e" of the word "even" in the subsequent sentence is capitalized.

Second, the following paragraph is inserted immediately prior to the Disposition [23 Cal. 4th 210, advance report]:

It follows from the foregoing that the Court of Appeal should not have denied petitioner's application for writ relief on the ground that the trial court was not required to determine whether defendant had suffered prejudice in ruling on his section 1016.5 motion. In ruling summarily, however, the Court of Appeal did not reveal the grounds of its denial. Accordingly, we shall remand the cause in order that the Court of Appeal may consider any alternative grounds timely raised by defendant, such as whether the trial court's order may have been appealable. (Pen. Code, ยง 1238, subd. (a)(5); People v. Thompson (1970) 10 Cal. App. 3d 129, 135; see fn. 6, ante.)

Third, the Disposition [23 Cal. 4th 210, advance report] is recast to read as follows: [23 Cal. 4th 823b]

We reverse the decision of the Court of Appeal denying the petition for a writ of mandate/prohibition and remand the cause with directions to that court to conduct further proceedings in accordance with this opinion.

This modification effects a change in the judgment.