People v. Kahn CA3

FACTS and PROCEEDINGS, remove the words “which is the only source of the facts in the record on appeal.” That sentence will now read: The following facts are taken from the probation report.

2. Add footnote No. 1 after the aforementioned sentence on page 2 that reads “The following facts are taken from the probation report.” The footnote will read: 1. The Attorney General was unable to locate a copy of this court’s

opinion on defendant’s direct appeal. (People v. Kahn (Feb. 19, 1999, C027590) [nonpub. opn.].) He requested that we take judicial notice of that opinion, but we were also unable to locate a copy. After we issued the opinion in this case, the Attorney General filed a request for judicial notice of the prior opinion, which he had located. We grant that request. (Evid. Code, §§ 452, subd. (d); 459, subd. (a).) He also filed a concurrent petition for rehearing, the merits of which we will address in the Discussion, post.

3. On page 3 near the end of the paragraph under the heading Procedural History, delete footnote No. 2.

4. On page 9 after the first full paragraph under the heading IV Analysis, add the following two paragraphs: In his petition for…