Modification: People v. Duarte-Lara

THE PEOPLE,

Plaintiff and Respondent,

v.

RAFAEL DUARTE-LARA,

Defendant and Appellant.

No. A157186

(City and County of San Francisco

Super. Ct. No. SCN228229

California Courts of Appeal

First Appellate District

Division Three

Filed June 9, 2020

Trial Judge: Hon. Michael McNaughton

Counsel

Office of Attorney General, Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Jeffrey M. Laurence, Senior Assistant Attorney General, Seth K. Schalit, Supervising Deputy Attorney General, Katie L. Stowe, Deputy Attorney General, for Plaintiff and Respondent.

First District Appellant Project, Jennifer A. Mannix for Defendant and Appellant.

THE COURT:

It is ordered that the opinion filed herein on May 22, 2020, is modified in the following respect:

At page 9, lines 3-9, delete the following text:

"(People v. Anderson (1983) 144 Cal.App.3d 55, 60-62 [court held defendant entitled to avail himself of Mayberry instruction against two counts of forcible rape and two counts of forcible oral copulation on two girls 14 and 15 years of age]; see also People v. King (2010) 183 Cal.App.4th 1281, 1317-1318 [allowing defendant to avail himself of Mayberry instruction against forcible sexual penetration]; People v. Dillon (2009) 174 Cal.App.4th 1367, 1368 [accord]; see CALCRIM No. 1045.)"

The deleted text is to be replaced with the following text:

"(People v. Anderson (1983) 144 Cal.App.3d 55, 60-62 [court held defendant entitled to avail himself of Mayberry instruction against two counts of forcible rape and two counts of forcible oral copulation on two girls 14 and 15 years of age]; see CALCRIM No. 1045.)"

This modification does not change the judgment. The petition for rehearing is denied.

Dated: June 9, 2020

FUJISAKI, J. Acting P.J.