People v. Gonzales

Opinion

GAUT, J.

Following entry of this court’s decision in this case, defendant filed a petition for rehearing of this appeal, arguing this court should reconsider whether Penal Code section 290.011, subdivision (g) and jury instruction CALCRIM No. 1170 are unconstitutionally vague and ambiguous. This court granted the petition and reheard the matter on February 2, 2010. Upon considering defendant’s petition for rehearing and the People’s response, as well as additional oral and written argument, this court adheres to its original decision, which remains unchanged as follows.

Defendant Loren…