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PEOPLE v. MACKLEM

PEOPLE v. MACKLEM
05:28:2007



PEOPLE v. MACKLEM



Filed 5/2/07 CERTIFIED FOR PUBLICATION



COURT OF APPEAL, FOURTH APPELLATE DISTRICT



DIVISION ONE



STATE OF CALIFORNIA



THE PEOPLE,



Plaintiff and Respondent,



v.



GRANT MACKLEM,



Defendant and Appellant.



D046806



(Super. Ct. No. SCD177539)



ORDER DENYING PETITION FOR REHEARING; MODIFICATION OF OPINION



NO CHANGE IN JUDGMENT



THE COURT:



The petition for rehearing is denied.



The opinion filed on April 10, 2007 is hereby modified as follows:



Page 30, last paragraph, after the words "Detective Birmingham," delete the remainder of the sentence, and add the following language: "the People have demonstrated that the error was harmless, in that the evidence did not contribute to the verdict." The paragraph will read:



Even if we assume the trial court erred in admitting the statements made to Detective Birmingham, the People have demonstrated that the error was harmless, in that the evidence did not contribute to the verdict. (People v. Johnson, supra, 6 Cal.4th 1, 32-33.) Those statements were not essential to the proof of either the Doane or the Sarah offenses, and we next discuss the cross-admissibility issues raised regarding joinder.



There is no change in judgment.





HUFFMAN, Acting P. J.



Copies to: All parties



Publication Courtesy of San Diego County Legal Resource Directory.



Analysis and review provided by San Diego County Property line attorney.





Description A modification decision.
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