Modification: Alfaro v. Superior Court (People)

EDENILSON MISAEL ALFARO,

Petitioner,

v.

THE SUPERIOR COURT OF MARIN COUNTY,

Respondent;

THE PEOPLE et al.,

Real Parties in Interest.

No. A159577

(Marin County

Super. Ct. No. SC197429E)

California Courts of Appeal

First Appellate District

Division Five

Filed December 30, 2020

ORDER MODIFYING OPINION

AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

CERTIFIED FOR PARTIAL PUBLICATION*

* Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of part II & IV.

BY THE COURT:

It is ordered that the opinion filed herein on December 9, 2020, be modified as follows:

(1) In the third sentence of footnote 10 on page 12, replace "the County's master list" with "the master list".

(2) In item (2) of the disposition on page 28, replace "enter a new order granting Defendant's renewed discovery motion as to the master and qualified jury lists," with "enter a new order granting Defendant's renewed discovery motion as to the requested information on the master and qualified jury lists, to wit, the names and zip codes appearing on those lists,".

There is no change in the judgment.

Appellant's petition for rehearing is denied.

Dated: 12/30/2020

SIMONS, J. , Acting P.J.

Superior Court of Marin County,

No. SC197429E,

Hon. Andrew E. Sweet, Judge.

Law Office of Michael N. Burt and Michael N. Burt; Law Office of John T. Philipsborn and John T. Philipsborn, for Petitioner.

Sanger Swysen & Dunkle, Stephen Kerr Dunkle, for California Attorneys for Criminal Justice, Amicus Curiae in support of Petitioner.

Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Jeffrey M. Laurence, Senior Assistant Attorney General, Alice B. Lustre and Sarah J. Farhat, Deputy Attorneys General, for Real Party in Interest the People.

Cummings, McClorey, Davis, Acho & Associates, Sarah L. Overton, for Real Party in Interest James M. Kim.

No appearance for Respondent Superior Court.