People v. Superior Court (Humberto S.)

Full title: THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY…

Court: California Court of Appeals, Second District, Seventh Division

Date published: Dec 20, 2006

No. B193386 (Cal. Ct. App. Dec. 20, 2006)

Opinion

Page 764a

145 Cal.App.4th 764a __ Cal.Rptr.3d __ THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent HUMBERTO S., Real Party in Interest. B193386 California Court of Appeal, Second District, Seventh Division December 20, 2006

THE COURT.

It is ordered that the opinion filed herein on November 22, 2006 (145 Cal.App.4th 32; __ Cal.Rptr.3d __), be modified as follows:

1. On page 5 [145 Cal.App.4th 37, advance report, 3d full par., line 16], the last line before section entitled "DISCUSSION", add the following footnote:

“The District Attorney’s office filed a petition for rehearing in this Court asserting, among other arguments, that the disqualification order was overly broad because it will result in the recusal of over 100 prosecutors. The record before this court contains no evidence that supports that assertion.”

2. On page 9 [145 Cal.App.4th 41, advance report, 1st par., line 1], first full paragraph, third line from the end, delete the word "so", so the sentence reads "one-sided in favor of the prosecution and victims" . . . .

There is no change in the judgment.

Petitioner’s petition for rehearing is denied.

JOHNSON, Acting P. J. WOODS, J. ZELON, J