Noyan

Filed 1/12/15 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sutter) ----

THE PEOPLE, C074049

Plaintiff and Respondent, (Super. Ct. Nos. CRF121135,

CRF121518, CRF122071,

v. CRF130029)

DRAKE NICHOLAS NOYAN, ORDER MODIFYING

OPINION AND DENYING

Defendant and Appellant. REHEARING

[NO CHANGE IN

JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on December 17, 2014, be modified as follows:

1. On pages 17 and 18, the paragraph under the subheading “C. Equal Protection Remedies” is modified to read as follows:

“When a court concludes that a statutory classification violates the constitutional guarantee of equal protection of the laws, it has a choice of remedies.” (Hofsheier, supra, 37 Cal.4th at p. 1207.) Here, defendant contends we should order that he serve his sentence in county jail; the Attorney General contends the Legislature would likely prefer us to impose…