Modification: People v. Joseph

THE PEOPLE,

Plaintiff and Respondent,

v.

MICHAEL JOSEPH,

Defendant and Appellant.

No. B285062

(Los Angeles County

Super. Ct. No.

MA069423)

California Courts of Appeal

Second Appellate District

Division Five

Filed April 2, 2019

THE COURT:

It is ordered that the opinion filed on March 5, 2019, is modified as follows:

At sentence one in the carryover paragraph at the start of page three, "(2) the impact of the recent Court of Appeal decision in People v. Sun (2018) 29 Cal.App.5th 946 (Sun) on Joseph's preemption contention." shall be changed to "(2) the impact of a recent Court of Appeal decision that has since been depublished."

At sentence two of the first full paragraph on page eleven, "(2) the impact, if any, of the recent Court of Appeal decision in Sun, supra, Cal.App.5th 946, with respect to this issue." shall be changed to "(2) the impact, if any, of a recent Court of Appeal decision that has since been depublished."

The entire section beginning with the section header "People v. Sun" on page nineteen through the first full sentence at the start of page twenty-one, which states "The Court of Appeal reversed the defendant's two convictions for assault with a deadly weapon. (Id. at p. 953.)" and footnote six shall be deleted.

At sentence three in the first full paragraph on page twenty-one, the portion of the citation stating "; see also Sun, supra, 29 Cal.App.5th at p. 951 [statutes contained disparate elements such that each could be violated without violating the other]" shall be deleted.

At sentence six in the first full paragraph on page twenty-two, the portion of the citation stating "; Sun, supra, 29 Cal.App.5th at p. 953 [holding that discharging a laser into the cockpit of an airborne helicopter at night will commonly constitute assault with a deadly weapon]" shall be deleted.

At footnote seven on page twenty-three, the portion of the citation stating "Sun, supra, 29 Cal.App.5th at p. 953, fn. 3; " shall be deleted. Footnote seven on page twenty-three shall be renumbered as footnote six.

The petition for rehearing is denied. There is no change in judgment.

MOOR, J.

KIM, J.