Rivera

Filed 7/2/14 (unmodified version attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, A140128

Plaintiff and Respondent, (San Francisco City & County v. Super. Ct. No. 218652)

MARLON RIVERA,

ORDER MODIFYING OPINION AND

Defendant and Appellant. DENYING PETITION FOR

REHEARING

[NO CHANGE IN JUDGMENT]

BY THE COURT:

It is ordered that the published opinion filed herein on June 5, 2014, be modified as follows:

(1) On page 1, the third sentence of the first paragraph shall be modified to read:

Because defendant has established a clear lapse of counsel’s professional duty, we shall grant the motion and direct that the late notice of appeal be accepted for filing.

(2) On page 9, the sentence beginning “In these circumstances” shall be modified to read:

In these circumstances, judicial economy is best served by allowing defendant to seek relief by simple motion (see People v. Zarazua (2009) 179 Cal.App.4th 1054, 1062-1052), rather than insisting on the cumbersome procedures…