Filed 1/6/09  Orders modifying opinion and certifying additional portion of opinion for publication

CERTIFIED FOR PARTIAL PUBLICATION

 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

 

FIRST APPELLATE DISTRICT

 

DIVISION FIVE

 

 

THE PEOPLE,             Plaintiff and Respondent, v. SCOTT EMERSON FELIX,             Defendant and Appellant.

A115717         (City & County of San Francisco       Super. Ct. No. 109100)   ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT]

 

THE COURT:

It is ordered that the opinion filed herein on December 16, 2008, be modified as follows:

1.         Footnote 2 on page 5 becomes part of footnote 1 on page 2 immediately following the first paragraph of footnote 1.  All subsequent footnotes are renumbered.

2.         On page 20, a new footnote 12 is added in the first paragraph, following the last sentence as follows:

An SVP is defined as “a person who has been convicted of a sexually violent offense against two or more victims and who has a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that he or she will engage in sexually violent criminal behavior.”[12]  (§ 6600, subd. (a)(1), italics added; Stats. 2006, ch. 337, § 53; see also Prop. 83, as approved by voters, Gen. Elec. (Nov. 7, 2006) § 24.) 

3.         On page 21, first paragraph, last sentence, the word Petitioner is changed

to Felix.

There is no change in the judgment.