P. v. Harvey
Filed 10/15/09 P. v. Harvey CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, Plaintiff and Respondent, v. MICHAEL HARVEY, Defendant and Appellant. | D054498 (Super. Ct. No. SCE279716) Modification order and denial of petition for rehearing [No change in judgment] |
THE COURT:
The opinion filed September 24, 2009 is modified as follows:
On page 15, the first full paragraph, third sentence should read:
It is reasonably likely that lay jurors would conclude that the trial court was instructing them that under the law, Harvey had "carefully weighed the considerations for and against his choice and, knowing the consequences, decided to kill," but they were required to decide whether Harvey's actions were willful and premeditated before making a true finding on the enhancement allegation.
The petition for rehearing is denied.
McINTYRE, Acting P. J.
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