Modification: People v. Braud

THE PEOPLE,

Plaintiff and Respondent,

v.

DIMITRI ORLANDO BRAUD,

Defendant and Appellant.

No. A158186

(San Francisco City and County Super. Ct. No. 19010864)

California Courts of Appeal

First Appellate District

Division Five

Filed November 17, 2020

ORDER MODIFYING OPINION AND DENYING REHEARING;

NO CHANGE IN JUDGMENT

THE COURT:

IT IS ORDERED that the opinion filed on October 30, 2020, is modified as follows and the petition for rehearing is DENIED:

1. On page 3, the second sentence of subsection A. of the Discussion and its accompanying parenthetical are deleted and replaced with the following sentence: "Without providing an extensive discussion of the record, we assume Braud did not forfeit his first claim on appeal (relying on Leiva, supra, 56 Cal.4th 498) but conclude his contention has no merit."

2. On p. 3, in the first sentence of subsection B. of the Discussion, delete "the trial court imposed an unauthorized sentence because."

These modifications do not constitute a change in the judgment.

Simons, Acting P. J.