McGinnis v. Super. Ct.

Filed 2/14/17 (unmodified opn. attached) CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

ANTHONY McGINNIS, Petitioner, A149006

v. (Alameda County THE SUPERIOR COURT OF Super. Ct. No. 127033) ALAMEDA COUNTY, ORDER MODIFYING OPINION; Respondent; NO CHANGE IN JUDGMENT THE PEOPLE, Real Party in Interest.

THE COURT:

The opinion filed herein on January 27, 2017, is modified as follows:

On page 3, footnote 2, in the last sentence after the word “counsel,” add the words “absent an order to show cause,” and after the Government Code citation add “In re Clark (1993) 5 Cal.4th 750, 780” so that the sentence reads:

Any right to habeas counsel, absent an order to show cause, is purely statutory and, in California, the right extends only to indigent prisoners sentenced to death. (Gov. Code, § 68662; In re Clark (1993) 5 Cal.4th 750, 780.)

There is no change in the judgment.

Date: __________________________ Acting P.J.

Trial court: Alameda County Superior Court

Trial judge: Honorable Larry Goodman

Counsel for petitioner: L. Richard Braucher, under appointment by the Court of Appeal.

Counsel for respondent: No appearance.

Counsel for real party in interest: Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Jeffrey M. Laurence, Senior Assistant Attorney General, Eric D. Share, Supervising Deputy Attorney General, and Alisha M. Carlile, Deputy Attorney General.

A149006

Filed 1/27/17 (unmodified version) CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA