In re Friend ( 2021 )

Filed 9/1/21
IN THE SUPREME COURT OF
CALIFORNIA
In re JACK WAYNE FRIEND
on Habeas Corpus.
S256914
First Appellate District, Division Three
A155955
Alameda County Superior Court
81254A
__________________________________________________________
ORDER MODIFYING OPINION
THE COURT:
The majority opinion in this case, filed on June 28, 2021,
and appearing at 11 Cal.5th 720, is modified as follows:
On page 743, in the first sentence of the second full
paragraph, the phrase “the statute” is replaced with “section
1509(d),” so that the sentence reads:
Applying these principles, we conclude that when
section 1509(d) is applied to a post-Proposition 66
petition subsequent to an initial pre-Proposition 66,
post-Clark petition, section 1509(d) is not operating
retroactively.
1
On page 743, in the third sentence of the second full
paragraph, the phrase “This provision of” is added at the
beginning of the sentence, so that the sentence begins:
This provision of Proposition 66 underscores the
importance of presenting available claims in the
first petition . . . .
This modification does not affect the judgment.
2