Beaudreaux

Filed 4/17/24 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE,

Plaintiff and Respondent, A166001 v. (Alameda County Super. Ct. NICHOLAS BEAUDREAUX, No. 160022B) Defendant and Appellant.

ORDER MODIFYING OPINION;

NO CHANGE IN JUDGMENT

BY THE COURT:

The court orders that the opinion filed in this appeal on March 28, 2024, be modified as follows:

1. On page 1, move footnote 1 from after “Penal Code” to the end of the sentence (there is no change to the wording of footnote 1) so that the sentence and footnote read as follows:

Nicholas Beaudreaux, who is now serving an aggregate sentence of 50 years to life for the first degree murder and attempted robbery of Wayne Drummond, has twice unsuccessfully petitioned for resentencing under Penal Code section 1172.6.

1 Undesignated statutory references are to the Penal Code. Originally numbered section 1170.95 when enacted in 2018 as Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Stats. 2018, ch. 1015, § 4) (Senate Bill 1437), the statute was renumbered to section…