Modification: People v. Bradley

THE PEOPLE,

Plaintiff and Respondent,

v.

STEPHEN R. BRADLEY,

Defendant and Appellant.

No. C087347

(Super. Ct. No. 83648)

California Courts of Appeal

Third Appellate District

(Sacramento)

Filed July 13, 2020

ORDER MODIFYING OPINION

AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on June 24, 2020, be modified as follows:

On page 9, delete the last sentence in the first full paragraph. The sentence begins "Defendant provides no" and replace it with the following sentences:

But even if the district attorney was mistaken when she told the trial court that she was ready for trial in October 2017, as defendant asserts, we fail to see what bearing defendant's argument has on who is more to blame for the overall delay in bringing him to trial. The district attorney did not request a continuance of the October 2017 trial date, defense counsel did. Thus, whether the district attorney was ready for trial in October 2017 does not impact the analysis under this Barker factor.

There is no change in the judgment. Appellant's petition for rehearing is denied.

BY THE COURT:

Robie, Acting P. J.

Mauro, J.

Hoch, J.