Ruling by
Steven Z. PerrenLower Court
Santa Barbara County Superior CourtLower Court Judge
Brian E. HillTrial 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/6Cite as
2019 DJDAR 320Published
Jan. 14, 2019Filing Date
Jan. 10, 2019Opinion Type
ModificationDisposition Type
Vacated and RemandedTHE 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 Jan. 10, 2019
ORDER DENYING PETITION
FOR REHEARING AND
MODIFYING OPINION
(No Change in Judgment)
THE COURT:
Respondent's petition for rehearing is denied. It is ordered that the opinion filed herein on December 17, 2018, be modified as follows:
1. On page 6, add the following footnote (footnote 3) at the end of the first full paragraph: "We decline to consider the arguments regarding this concession raised for the first time in respondent's petition for rehearing. (Conservatorship of Susan T. (1994) 8 Cal.4th 1005, 1013.)"
2. On page 8, footnote 3 should be footnote 4.
3. On page 17, footnote 4 should be footnote 5.
No change in judgment.
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