Modification: People v. Blanchard

THE PEOPLE,

Plaintiff and Respondent,

v.

BRYAN JACK BLANCHARD,

Defendant and Appellant.

No. A156720

(Contra Costa County

Super. Ct. No. 5-171905-3)

California Courts of Appeal

First Appellate District

Division Three

Filed January 8, 2020

Trial Judge: Lewis A. Davis, J.

Counsel

First District Appellate Project, Jonathan Soglin and Jeremy Price for Defendant and Appellant.

Xavier Becerra, Attorney General, Lance E. Winters and Jeffrey M. Laurence, Assistant Attorneys General, Seth K. Schalit and Lisa Ashley Ott, Deputy Attorneys General, for Plaintiff and Respondent.

BY THE COURT:

It is ordered that the opinion filed herein on December 31, 2019, be modified as follows:

1. On page 1, before the final sentence of the second full paragraph, insert the sentence "We have also considered supplemental briefing we requested on the appropriate standard for review in this appeal."

2. On page 3, in the citation at the end of the last full paragraph, the number "1370.01" is deleted and the number "1370" is inserted in its place.

3. On page 4, in the first full paragraph, in the sentence commencing with the words "A defendant," the phrase "up to one year" is deleted and the words "the shorter period of two years or the maximum time that could be imposed for his violation of probation" are inserted in its place.

4. On page 4, in the first full paragraph, after the sentence commencing with the words "A defendant," the citation "(§ 1370.01, subd. (c)(1).)" is deleted and the citation "(§ 1370, subd. (c)(1).)" is inserted in its place.

5. On page 4, in the first full paragraph, after the sentence commencing with the words "During such time," the citation "(§ 1370.01, subd. (c).)" is deleted and the citation "(§ 1370, subds. (a)(1)(B) & (b)(1).)" is inserted in its place.

6. On page 4, in the second full paragraph, after the sentence commencing with the words "Within 15 court days," the citation "(§ 1370.01, subd. (a)(3)(A).)" is deleted and the citation "(§ 1370, subd. (a)(2)(A).)" is inserted in its place.

7. On page 4, in the second full paragraph, the sentence "Placement in a state hospital is not permitted unless there is no 'less restrictive appropriate placement' " is deleted and the sentence "Placement is based upon State Hospital guidelines" is inserted in its place.

8. On page 4, in the second full paragraph, after the sentence commencing with the words "Within 90 days," the citation "(§ 1370.01, subd. (b).)" is deleted and the citation "(§ 1370, subd. (b).)" is inserted in its place.

9. On page 4, in the second full paragraph, after the sentence commencing with the words "If the defendant," the citation "(§ 1370.01, subd. (b).)" is deleted and the citation "(§ 1370, subd. (b).)" is inserted in its place.

10. On page 4, in the second full paragraph, after the sentence commencing with the words "Any transfer," the citation "(§ 1370.01, subd. (a)(6).)" is deleted and the citation "(§ 1370, subd. (a)(6)(A).)" is inserted in its place.

The petition for rehearing filed January 2, 2020 is denied. There is no change in the judgment.

Dated: 01/08/2020

SIGGINS, P.J.