P. v. Thomas
Filed 4/1/10 P. v. Thomas CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
THE PEOPLE, Plaintiff and Respondent, v. CHRYSANTHUS MORDECAI THOMAS, Defendant and Appellant. | G040392 (Super. Ct. No. 99HF0194) ORDER MODIFYING OPINION |
It is ordered that the opinion filed herein on March 4, 2010, be modified as follows:
On page 10, in the second full paragraph beginning Our conclusion in Thomas I, after the second sentence ending must reflect the law prior to Blakeley, add the following three new sentences:
In defendants petition for rehearing, he argues he was entitled to an instruction on involuntary manslaughter at the retrial because it was the only adequate remedy for his trial counsels ineffective assistance during the first trial. Defendants trial counsels ineffective assistance was adequately remedied in the reversal of the judgment of conviction in Thomas I. Therefore, even assuming defendant has not forfeited this argument, it is without merit.
This modification does not effect a change in the judgment. The petition for rehearing is DENIED.
FYBEL, J.
WE CONCUR:
BEDSWORTH, ACTING P. J.
ARONSON, J.
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