P. v. Evert

Filed 8/3/07 P. v. Evert CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE COURT:

It is ordered that the opinion filed herein on July 9, 2007, be modified as follows:

1. On page 6, at the end of the third full paragraph, the following footnote is added after the final word counsel:

Whether or not the court reached a final decision on Everts motion on December 19 as opposed to December 20, reappointment was at all times conditioned on Evert waiving time and agreeing to a continuance of the trial for a period sufficient to enable reappointed counsel to prepare. With Everts refusal to abide by this condition on December 20, the effect was the denial of the motion due to his rejection of its conditional terms.

There is no change in the judgment.

The petition for rehearing is denied.

Dated:_____________________ ______________________________

JONES, P.J.

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