People v. Roche CA4/3

Filed 6/9/16 P. v. Roche CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G052690

v. (Super. Ct. No. 99NF0269)

KIM L. ROCHE, ORDER MODIFYING OPINION; NO CHANGE IN JUDGMENT Defendant and Appellant.

It is ordered that the opinion filed on May 31, 2016, be modified in the following particulars: On page 4, second full paragraph is deleted and replaced with the following: “Here, Roche was statutorily ineligible for resentencing and thus the trial court could not proceed to the resentencing stage. Because the court never proceeded beyond the eligibility finding, there was no potential for substantial prejudice to Roche’s rights, which counsel could have helped to avoid. Accordingly, we conclude Roche did not have the right to assistance of counsel at the eligibility stage.”

This modification does not effect a change in judgment.

O’LEARY, P. J.

WE CONCUR:

BEDSWORTH, J.

MOORE, J.

2

Filed 5/31/16 P. v. Roche CA4/3 (unmodified version)

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.