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Modification: People v. Garcia

Ruling by

Steven Z. Perren

Lower Court

Santa Barbara County Superior Court

Lower Court Judge

Brian E. Hill

Trial court erred in resentencing a defendant from a juvenile de facto life imprisonment conviction without first remanding the case to a juvenile court for a fitness hearing determination.





Court

California Courts of Appeal 2DCA/6

Cite as

2018 DJDAR 12142

Published

Dec. 24, 2018

Filing Date

Dec. 20, 2018

Opinion Type

Modification

Disposition Type

Vacated and Remanded


THE PEOPLE,

Plaintiff and Respondent,

v.

IZICK DAVID GARCIA,

Defendant and Appellant.

 

2d Crim. B269836

(Super. Ct. No. SB210974)

(Santa Barbara County)

California Courts of Appeal

Second Appellate District

Division Six

Filed December 20, 2018

 

THE COURT:

 

On the court's own motion, it is ordered that the opinion filed herein on December 17, 2018, be modified as follows:

On page 3, delete the date "1996" in the second sentence of the second full paragraph and replace it with "1995," so that the sentence reads: "Briefly, on January 8 or 9, 1995, appellant, who was 17 years old, approached Jill N., threw her to the ground and choked her."

No change in judgment.

#272471

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