Nolasco

Filed 8/23/21 (unmodified opinion attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B308627

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. ZM050339-01)

JOSE NOLASCO, ORDER MODIFYING

OPINION AND

Defendant and Appellant. DENYING REHEARING

NO CHANGE IN THE

JUDGMENT

THE COURT:

It is ordered that the opinion filed herein on July 29, 2021, be modified as follows: 1. On page 16, at the beginning of the fourth full paragraph, after “More recently, McKee,” add the words “seems to have.” The sentence should now read: More recently, McKee seems to have applied what purported to be a form of “heightened scrutiny” that appears to be less rigorous than strict scrutiny, but more onerous than rational basis scrutiny. (McKee, supra, 47 Cal.4th at pp. 1206-1207, 1210, 1211 & fns. 13 & 14.)

2. On page 17, at the end of the same paragraph mentioned above, add the following sentence:

Although McKee ultimately ordered a remand for the trial court to “apply[]…