Modification: People v. Shkrabak

CERTIFIED FOR PARTIAL PUBLICATION^*

THE PEOPLE,

Plaintiff and Respondent,

v.

YAROSLAV VIKTOROVIC SHKRABAK,

Defendant and Appellant.

No. C096266

(Super. Ct. No. 19FE020462)

California Court of Appeal

Third Appellate District

Filed April 3, 2023

MODIFICATION OF OPINION

[NO CHANGE IN JUDGMENT]

THE COURT:

On the court's own motion, it is ordered that the opinion filed herein on March 28, 2023, be modified as follows:

1.      On page 5 at the conclusion of the first paragraph, after the sentence that reads --'Endanger public safety' means there is a likelihood that the dismissal of the enhancement would result in physical injury or other serious danger to others." (Id., subd. (c)(2).) -- add a sentence that reads as follows:

The parties do not argue that Senate Bill No. 81 does not apply to the three strikes law in this instance; accordingly, we will proceed to the substantive merits of defendant's claim.

This modification does not change the judgment.

FOR THE COURT:

Duarte, Acting P. J.

Renner, J.

Boulware Eurie, J.

^* Pursuant to California Rules of Court, rules 8.1105 and 8.1110, this opinion is certified for publication with the exception of parts I and III.