Blair v. Superior Court

Full title: GARY M. BLAIR, Petitioner, v. THE SUPERIOR COURT OF SANTA BARBARA COUNTY…

Court: California Court of Appeals, Second District, Sixth Division

Date published: Jul 12, 2004

No. B171673 (Cal. Ct. App. Jul. 12, 2004)

Opinion

Page 1217d

119 Cal.App.4th 1217d __ Cal.Rptr.3d __ GARY M. BLAIR, Petitioner, v. THE SUPERIOR COURT OF SANTA BARBARA COUNTY, Respondent; THE PEOPLE et al., Real Parties in Interest. B171673 California Court of Appeal, Second District, Sixth Division July 12, 2004

Santa Barbara County, Super. Ct. No. 1074699

ORDER MODIFYING OPINION, NO CHANGE IN JUDGMENT

THE COURT:

It is ordered that the opinion filed herein on June 15, 2004, 119 Cal.App.4th 532; 14 Cal.Rptr.3d 496 be modified as follows:

1. On page 11 [119 Cal.App.4th 545, advance report], insert a footnote after "(People v. Morales, supra, 48 Cal.3d at p. 547.)" The footnote shall read:

After our opinion was filed, Blair asked that we modify the opinion to decide whether the court violated the California Trial Jury Management Act. (Code Civ. Proc., § 190 et seq.) We may not do so. (California Assn. for Safety Education v. Brown (1994) 30 Cal.App.4th 1264, 1274-1275 [36 Cal.Rptr.2d 404].) The issue was not raised by the parties. Moreover, in its response to Blair's request, the Public Defender denies it asked us to decide the issue in its amicus brief.

There is no change in the judgment.