In re Wilson

Filed 1/30/15; unmodified opn. attached

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

In re DERRICK LYNN WILSON, B254093

(Los Angeles County on Habeas Corpus. Super. Ct. No. KA028967)

ORDER MODIFYING OPINION

NO CHANGE IN JUDGMENT

THE COURT:

It is ordered that the opinion filed herein on January 22, 2015, and certified for publication, be modified as follows: 1. On page 19, footnote 17 reads as follows: Earlier this year in In re Rainey (2014) 224 Cal.App.4th 280, the First District Court of Appeal held that Miller announced new substantive rules and therefore applied retroactively to cases on collateral review. However, the Supreme Court granted a petition for review in Rainey. (In re Rainey (2014) __ Cal.4th __, 326 P.3d 251 (S217567).) In granting review, the Court ordered briefing deferred pending decision in In re Alatriste (S214652) and In re Bonilla (S214960) which included the issue: “Does Miller apply retroactively on habeas corpus to a prisoner who was a juvenile at the time of the commitment offense and who is presently serving a sentence…