Gray

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

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

F085699

Plaintiff and Appellant, (Super. Ct. No. BF160326A) v.

SHAWN VINCENT GRAY, MODIFICATION OF OPINION

(NO CHANGE IN JUDGMENT) Defendant and Respondent.

THE COURT:

It is hereby ordered that the opinion filed herein on April 4, 2024, be modified as follows:

1. On page 1, delete the second paragraph below the caption and insert the following new paragraph in its place:

“Cynthia J. Zimmer, District Attorney, and Anthony S. Yim, Deputy District Attorney, for Plaintiff and Appellant.”

2. On page 5, delete the third full paragraph under the “DISCUSSION” heading and insert the following two new paragraphs in its place:

“Second, the People did not question whether or how Judge Cannon had the authority to even consider Gray’s petition. Instead, they focused on the language of section 1026.5 regarding the calculation of maximum terms of commitment, and whether that statute allowed for a superior court to later recalculate a maximum commitment term. Gray’s response brief was similarly…