Filed 12/20/05

 

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. DARVIN HEATH, Defendant and Appellant.

A107676 (Contra Costa County Super. Ct. No. 032216-4) ORDER MODIFYING OPINION AND DENYING REHEARING [CHANGE IN JUDGMENT]

 

 

 

THE COURT:

It is ordered that the opinion filed herein on November 28, 2005, be modified as follows:

1. On page 9, the third full paragraph, beginning â€