Ruling by
Arthur GilbertLower Court
San Luis Obispo County Superior CourtLower Court Judge
Craig Van RooyenCourt
California Courts of Appeal 2DCA/6Cite as
2019 DJDAR 4033Published
May 14, 2019Filing Date
May 13, 2019Opinion Type
ModificationDisposition Type
Reversed and RemandedTHE PEOPLE,
Plaintiff and Respondent,
v.
CODY ADAM JULIAN,
Defendant and Appellant.
2d Crim. No. B289613
(Super. Ct. No. 17F-11660)
(San Luis Obispo County)
California Courts of Appeal
Second Appellate District
Division Six
Filed May 13, 2019
ORDER MODIFYING OPINION
[NO CHANGE IN JUDGMENT]
THE COURT:
It is ordered that the opinion filed herein on April 29, 2019, be modified as follows:
1. On page 12, the citation in the last paragraph, which reads, "(Strickland v. Washington (1984) 466 U.S. 668, 687-692 [80 L.Ed.2d 674, 693-696].)," is modified to read:
(Strickland v. Washington (1984) 466 U.S. 668, 686-692 [80 L.Ed.2d 674, 692-696].)
2. On page 15, the following is inserted at the end of the first full paragraph, ending "(Ibid.; Snowden v. Singletary, supra, 135 F.3d at p. 739.)":
Julian did not receive a fair trial. (Strickland v. Washington, supra, 466 U.S. at pp. 686-687 [80 L.Ed.2d 674, 692-693].)
3. On page 16, the first sentence of the first full paragraph, which reads, "Julian did not receive a fair trial," is deleted. The following is inserted in its place:
It is beyond question that the errors here were prejudicial by any standard. (Chapman v. California (1967) 386 U.S. 18; People v. Watson (1956) 46 Cal.2d 818.)
There is no change in the judgment.
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