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Modification: People v. Lepere

Ruling by

Eileen C. Moore

Lower Court

Orange County Superior Court

Lower Court Judge

Gregg L. Prickett
Where affidavit requesting suspect's trash in order to obtain DNA sample was sufficiently detailed, probable cause existed.



Court

California Courts of Appeal 4DCA/3

Cite as

2023 DJDAR 5283

Published

Jun. 5, 2023

Filing Date

Jun. 2, 2023

Opinion Type

Modification

Disposition Type

Affirmed

Case Fully Briefed

Mar. 9, 2023


THE PEOPLE,

Plaintiff and Respondent,

v.

ANDRE WILLIAM LEPERE,

Defendant and Appellant.

 

No. G061393

(Super. Ct. No. 21CF1170)

California Court of Appeal

Fourth Appellate District

Division Three

Filed June 2, 2023

 

 

ORDER MODIFYING OPINION;

NO CHANGE IN JUDGMENT

 

This court hereby orders that the opinion filed on May 16, 2023, be modified as follows:

 

1. On page 12, first complete paragraph, delete the quote at the end of the paragraph and replace with the following: "[A] court need not determine whether counsel's performance was deficient before examining the prejudice suffered by the defendant as a result of the alleged deficiencies. The object of an ineffectiveness claim is not to grade counsel's performance. If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice . . . that course should be followed." (Id. at p. 697.)

 

This modification does not change the judgment.

 

SANCHEZ, ACTING P. J.

 

I CONCUR:

DELANEY, J.

 

#281124

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