Filed 1/20/00
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
|
THE PEOPLE,
Plaintiff and Respondent,
v.
JACKIE LYNN ANDERSON,
Defendant and Appellant. |
G021627
(Super. Ct. No. 95NF2028)
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING; NO CHANGE IN JUDGMENT
|
The opinion filed in this case on December 30, 1999, is hereby ordered modified as follows:
On page 13, the first sentence of the second full paragraph should be replaced with the following sentences: "Absent any expert testimony on the subject, no one sitting on an appellate panel can speculate exactly what a woman should or can do immediately after giving birth, alone and in a weakened state. Contrary to the prosecution’s argument, common sense does not fill this gap."
This modification does not effect a change in the judgment. The petition for
rehearing is denied.
_____________________
SILLS, P.J.
WE CONCUR:
___________________
RYLAARSDAM, J.
___________________
SEYMOUR, J.*
*Judge of the Orange County Superior Court, assigned by the Chief Justice pursuant to article VI, section 6, of the California Constitution.