People v. Johnson

Full title: THE PEOPLE, Plaintiff and Respondent, v. MICHAEL TYRONE JOHNSON, Defendant…

Court: California Court of Appeals, First District, Fourth Division

Date published: Jun 21, 2007

No. A112322 (Cal. Ct. App. Jun. 21, 2007)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL TYRONE JOHNSON, Defendant and Appellant. A112322 California Court of Appeal, First District, Fourth Division June 21, 2007

San Mateo County Super. Ct. No. SC045779

BY THE COURT:

Plaintiff’s petition for rehearing is denied. The opinion filed on May 30, 2007, is modified as follows:

1. Delete the first sentence from the third paragraph of FACTS II.A.2. and replace it with “Dr. Fotre opined that the redness in P. G.’s eyes was consistent with increased pressure in the brain, and could have also been caused by her straining against the cervical collar after she was brought to the hospital, or from a significant physical blow.”

2. Delete the fourth sentence in the seventh paragraph under DISCUSSION I.B.2. and replace it with “Defendant failed to object to the pre-1994 evidence at trial and the issue is therefore waived on appeal.”

3. Delete the fifth sentence from the seventh paragraph of DISCUSSION I.B.2 and replace it with “In any event, defendant’s claims fail on the merits.”

The above modification does not effect any change in the judgment. (Cal. Rules of Court, rule 8.264(c).)