This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.


Modification: Rodriguez v. Superior Court (People)

Ruling by

Allison M. Danner

Lower Court

Santa Clara County Superior Court

Lower Court Judge

Eric S. Geffon
The time between when a defendant has been certified as competent and the court's approval of that certificate does not count towards the two-year involuntary commitment limit.



Court

California Courts of Appeal 6DCA

Cite as

2021 DJDAR 11149

Published

Oct. 27, 2021

Filing Date

Oct. 26, 2021

Opinion Type

Modification

Disposition Type

Petition Denied

Case Fully Briefed

Apr. 27, 2021

Oral Argument

Oct. 14, 2021


MARIO RODRIGUEZ,

Petitioner,

v.

THE SUPERIOR COURT OF SANTA CLARA COUNTY,

Respondent;

 

THE PEOPLE,

Real Party in Interest.

 

No. H049016

(Santa Clara County

Super. Ct. Nos. C1647395, C1650275)

California Courts of Appeal

Sixth Appellate District

Filed October 26, 2021

 

ORDER MODIFYING OPINION AND

GRANTING MOTION TO RESET

THE CURRENT FINALITY DATE

[CHANGE IN JUDGMENT]

 

 

THE COURT:

 

Rodriguez's motion to reset the current date of finality is granted.

 

It is ordered that the opinion filed on October 20, 2021, be modified as follows:

 

On page 28, in the disposition paragraph, delete the last sentence of the paragraph and the citation that follows that sentence.

 

This modification changes the judgment. (See Cal. Rules of Court, rule 8.490(b)(2)(C) ["If an order modifying a decision changes the appellate judgment, the 30 days [for finality] . . . runs from the filing date of the modification order"].)

 

Greenwood, P.J.

Grover, J.

Danner, J.

 

 

 

 

 

 

 

 

 

#278285

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390