Opinion
Page 1070a
106 Cal.App.4th 1070a ___Cal.Rptr.2d___ THE PEOPLE, Plaintiff and Respondent, v. T.J. WHEELER, Defendant and Appellant. F038303 California Court of Appeal, Fifth District March 6, 2003[Modification of opinion (105 Cal.App.4th 1423; 129 Cal.Rptr.2d 916).]
This modification requires editorial changes to the summary, page 1423, and headnote (4), page 1424, of the advance report. In the second paragraph of the summary, the Penal Code cite will be changed to read "Pen. Code, § 2933.2, subds. (a), (c)" in the bound volume report. In headnote (4), second line, the Penal Code cite will be changed to read "Pen. Code, § 2933.2, subds. (a), (c)" in the bound volume report. Movement of text will be made affecting pages 1425-1432 of the bound volume report.
OPINION
GOMES, J.
It is ordered that the opinion filed herein on February 5, 2003, and reported in the Official Reports [105 Cal.App.4th 1423] be modified in the following particulars:
1. In the first full paragraph of the opinion text, following the words "to satisfy the confrontation clause" (page 2) [105 Cal.App.4th 1425, advance report, 1st par.], add as footnote 1 the following footnote, which will require renumbering of all subsequent
1Presumably as a matter of trial tactics, Wheeler did not object to (so the trial court did not adjudicate) a multiple-level-hearsay aspect of his wife's statement. Likewise, on appeal he does not argue (so we do not adjudicate) that aspect of her statement.
2. Under part III.A., in the second paragraph (page 12) [105 Cal.App.4th 1432, advance report, line 4], the first sentence and citation are modified to read as follows:
Penal Code section 2933.2 prohibits an award of presentence conduct credits to " any person who is convicted of murder." (§ 2933.2, subds. (a), (c), italics added.)
This modification does not effect a change in the judgment.
Dibiaso, Acting P. J., and Wiseman, J., concurred.