P. v. Tilley
Filed 4/26/07 P. v. Tilley CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SIXTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. JAMES ROY TILLEY, Defendant and Appellant. | H029566 (Santa Cruz County Super. Ct. No. ME-33) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on March 29, 2007 be modified in the following particulars:
1. The paragraph commencing at the bottom of page 23 with Under these circumstances and ending at line 6 of page 24 with the citation (People v. Coffman (2004) 34 Cal.4th 1, 49.) is modified to read as follows:
Under these circumstances, where Tilley did not object to the trial delay and in fact sought delay or acquiesced in it, he has waived any appellate claim of error arising from the three-year delay in holding the jury trial on annual review. However, Tilley argues that he did not waive his claim of sentencing error because a claim that a sentence is unauthorized may be raised for the first time on appeal, citing People v. Dotson (1997) 16 Cal.4th 547. This contention lacks merit because, as we have noted, Tilley expressly acknowledged at the time of trial that the proceeding was an annual review hearing. The trial court followed the statute applicable to an annual review proceeding, section 6605, subdivision (e), in setting the commitment period to run for a period of two years from the October 27, 2005, commitment order. Accordingly, the term of commitment set by the trial court, October 27, 2005, to October 27, 2007, was authorized under section 6650, subdivision (e).
The petition for rehearing is denied.
This modification does not effect a change in the judgment.
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BAMATTRE-MANOUKIAN, Acting P. J.
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MCADAMS, J.
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DUFFY, J.
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