Elder

Filed 7/25/14 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C073731

Plaintiff and Respondent, (Super. Ct. No. 94F05502)

v. ORDER MODIFYING

OPINION

KENNETH ELDER,

[NO CHANGE IN Defendant and Appellant. JUDGMENT]

THE COURT:

It is ordered that the opinion certified for publication and filed herein on July 15, 2014, be modified as follows: On page 2, footnote 2, delete the parenthetical following the first sentence and replace it with the following parenthetical: (People v. Yearwood (2013) 213 Cal.App.4th 161, 168 (Yearwood) [no retroactive effect]; People v. Conley (2013) 215 Cal.App.4th 1482, review granted Aug. 14, 2013, S211275 [presenting issue of retroactivity].)

(SEE CONCURRING &

DISSENTING OPINION)

On page 4, footnote 6, delete the entire footnote and replace it with the following new footnote 6: People v. Osuna (2014) 225 Cal.App.4th 1020, 1030-1032 (petn. for review denied…