Modification: People v. Lipptrapp

THE PEOPLE,

Plaintiff and Respondent,

v.

STEVEN JAMES LIPPTRAPP,

Defendant and Appellant.

No. G058891

(Super. Ct. No. 98NF2850)

California Courts of Appeal

Fourth Appellate District

Division Three

Filed February 2, 2021

ORDER MODIFYING OPINION;

DENYING REQUEST FOR REHEARING; NO CHANGE IN JUDGMENT

It is ordered that the opinion filed herein on January 11, 2021, be modified as follows:

(1) On page 10, the entire footnote No. 7 shall be deleted and replaced with the following footnote: "While the Attorney General provides legal authority to support its claim resentencing was an unauthorized request, it does not offer any explanation to support the assertion the trial court lacked authority to appoint counsel. It is unclear from the briefing whether the Attorney General was suggesting Lipptrapp had no right to counsel for resentencing or for the Franklin proceeding, or for both matters. Lipptrapp's request for counsel was written to cover more than the resentencing proceedings. We note, the trial court will need to decide the scope of the right to counsel, in the first instance, on remand.

(2) On page 13 the entire last paragraph beginning with "As stated earlier in this opinion . . ." and the heading "III. Appointment of Counsel", shall be deleted.

This modification does not change the judgment.

The petition for rehearing is denied.

O'LEARY, P. J.

WE CONCUR:

MOORE, J.

THOMPSON, J.