Beasley

Filed 8/11/22 (unmodified opinion attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Appellant, G060302

v. (Super. Ct. No. 21NF0914)

DANNY RAY BEASLEY, ORDER DENYING PETITION

FOR REHEARING AND

Defendant and Respondent. MODIFYING OPINION; NO

CHANGE IN JUDGMENT

The opinion filed July 21, 2022, is hereby modified in the following particulars: 1. On page 6, bottom of the page, footnote 3, add the following language after the existing footnote text: “Likewise, we cannot accept Beasley’s contention that Judge Lo need not articulate his own reasons, but could presume Judge Makino knew and followed the applicable sentencing laws and rely on that presumption as a “reason” for striking the strike priors. This would, of course, make review impossible, thereby eviscerating the statutory scheme. (See Pen. Code, § 1385, subd. (a) [“The reasons for the dismissal must be set forth in an order entered upon the minutes.”]; see also People v. Carmony, supra,…