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Modification: People v. Zorich

Ruling by

Eileen C. Moore

Lower Court

Orange County Superior Court

Lower Court Judge

Andre Manssourian
Trial court lacked substantial evidence to deny defendant's petition under Proposition 47 because he submitted evidence from Kelley Blue Book indicating value of stolen vehicle was less than $950.



Court

California Courts of Appeal 4DCA/3

Cite as

2020 DJDAR 11808

Published

Nov. 2, 2020

Filing Date

Oct. 29, 2020

Opinion Type

Modification

Disposition Type

Reversed and Remanded


THE PEOPLE,

Plaintiff and Respondent,

v.

DAVID MITCHELL ZORICH,

Defendant and Appellant.

 

No. G058222

(Super. Ct. No. 98WF0576)

California Courts of Appeal

Fourth Appellate District

Division Three

Filed October 29, 2020

 

ORDER MODIFYING OPINION,

AND DENYING PETITION FOR

REHEARING; NO CHANGE IN

JUDGMENT

 

It is ordered that our opinion filed on October 13, 2020, be modified as follows:

 

1. On page 2, first paragraph, third sentence, change "the prosecution submitted nothing" to "the record reflects the prosecution submitted nothing."

 

2. On page 4, last paragraph, first sentence, change "if the value of the vehicle is under $950" to "if the value of the vehicle does not exceed $950."

 

3. On page 5, first incomplete paragraph, second line, change "if the vehicle is worth less than $950" to "if the vehicle's value does not exceed $950."

 

4. On page 5, first full paragraph, replace the first sentence as follows: "Thus, the key question the court was required to decide in this matter was whether the value of the 1979 AMC Concord defendant stole and illegally drove in 1997 exceeded $950 at the time."

 

5. On page 5, first full paragraph, last sentence, change "the vehicle was worth less than $950" to "the vehicle's value did not exceed $950."

 

6. On page 5, second full paragraph, last sentence, change "the vehicle was worth less than $950" to "the vehicle's value exceeded $950."

 

7. On page 6, last paragraph, last sentence, change "Further, the prosecutor submitted no evidence at all" to "Further, the record does not reflect the prosecutor submitted any evidence at all."

 

8. On page 9, first full paragraph, second sentence, change "because the district attorney did not produce any," to "there is no indication in the record the district attorney produced any."

 

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

 

 

 

MOORE, ACTING P. J.

 

 

WE CONCUR:

FYBEL, J.

IKOLA, J.

 

 

 

 

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