Clements

Filed 3/16/22 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

COURT OF APPEAL -- STATE OF CALIFORNIA

FOURTH DISTRICT

DIVISION TWO

THE PEOPLE, E073965

Plaintiff and Respondent,

v. (Super.Ct.No. SICRF1989169810)

The County of Inyo

JODY ANN CLEMENTS,

Defendant and Appellant. ORDER MODIFYING OPINION

AND DENYING PETITION FOR

REHEARING

[No Change in Judgment] ______________________________________

THE COURT

The petition for rehearing is denied. The Opinion filed in this matter on February 16, 2022, is modified to add the following after the last paragraph prior to the disposition:

Clements argues in a petition for rehearing that we should review the trial judge’s

ruling independently, rather than for substantial evidence, because his inquiry was limited

to a cold record—the trial transcript and prior appellate decision—without observation of

live testimony. She points out correctly that the trial judge did not preside over the

original trial in this matter, which occurred before he took the bench. She argues under

these…