Modification: People v. Gray

THE PEOPLE,

Plaintiff and Appellant,

v.

SHAWN VINCENT GRAY,

Defendant and Respondent.

No. F085699

(Super. Ct. No. BF160326A)

California Court of Appeal

Fifth Appellate District

Filed April 17, 2024

MODIFICATION OF OPINION

(NO CHANGE IN JUDGMENT)

THE COURT:

It is hereby ordered that the opinion filed herein on April 4, 2024, be modified as follows:

1. On page 1, delete the second paragraph below the caption and insert the following new paragraph in its place:

"Cynthia J. Zimmer, District Attorney, and Anthony S. Yim, Deputy District Attorney, for Plaintiff and Appellant."

2. On page 5, delete the third full paragraph under the "DISCUSSION" heading and insert the following two new paragraphs in its place:

"Second, the People did not question whether or how Judge Cannon had the authority to even consider Gray's petition. Instead, they focused on the language of section 1026.5 regarding the calculation of maximum terms of commitment, and whether that statute allowed for a superior court to later recalculate a maximum commitment term. Gray's response brief was similarly circumscribed, and he argued section 1172.75 should be applied here because a failure to do so would unconstitutionally violate the equal protection provisions of the state and federal constitutions.

As a result, both parties' original briefing only addressed the substantive merits of their underlying positions and we therefore ordered supplemental briefing."

Except for the modification set forth, the opinion previously filed remains unchanged.

This modification does not effect a change in the judgment.

SNAUFFER, J.

WE CONCUR:

DETJEN, Acting P. J.

MEEHAN, J