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Modification: People v. Partee

Ruling by

Kim G. Dunning

Lower Court

Los Angeles County Superior Court

Lower Court Judge

Allen J. Webster Jr.

dissenting Judge(s)

Lamar W. Baker

Defendant's refusal to testify is sufficient to make defendant accessory after the fact to crime where defendant has duty to testify and intent to assist the perpetrator in avoiding punishment, trial, arrest, or conviction.





Court

California Courts of Appeal 2DCA/5

Cite as

2018 DJDAR 3280

Published

Apr. 16, 2018

Filing Date

Apr. 12, 2018

Opinion Type

Modification

Disposition Type

Affirmed


THE PEOPLE,

Plaintiff and Respondent,

v.

STARLETTA PARTEE,

Defendant and Appellant.

 

No. B276040

(Los Angeles County

Super. Ct. No. TA138027)

California Court of Appeals

Second Appellate District

Division Five

Filed April 12, 2018

 

The opinion filed on March 21, 2018 is modified as follows:

 

1. On page 1, include an additional counsel for Plaintiff and Respondent, to read as follows: "Xavier Becerra, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Scott A. Taryle, Supervising Deputy Attorney General, Colleen M. Tiedemann and Ilana Herscovitz Reid, Deputy Attorney Generals, for Plaintiff and Respondent."

2. On page 2, lines 7-8, delete "The trial court suspended imposition of sentence and placed defendant on probation for three years" and replace it with "The trial court suspended imposition of sentence and placed defendant on probation for three years on the condition, among others, that she serve 365 days in the county jail"

3. On page 2, line 22, delete "The day after" and replace it with "On the day of"

4. On page 4, lines 24-25, delete "She added she did not testify because "[f]amily is first" and replace it with "She added that when her family members discovered she had spoken with Detective Skaggs, they told her not to testify because "[f]amily is first."

 

These modifications do not change the judgment.

Defendant's petition for rehearing is DENIED.

 

 

KRIEGLER, Acting P.J.

 

DUNNING, J.

#271110

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