P. v. Hernandez
Filed 7/5/07 P. v. Hernandez 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 PEOPLE, Plaintiff and Respondent, v. JOSHUA NATHAN HERNANDEZ, Defendant and Appellant. | A111239 (Humboldt County Super. Ct. No. CR040354S) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on June 7, 2007, be modified as follows:
The paragraph commencing at the bottom of page 7 with Based on the record, at the end of the third sentence ending before the Alder Bay incident, add as footnote 5 the following footnote, which will require renumbering of all subsequent footnotes:
5 We recognize that following this testimony, while the court was in recess for the day, Dr. Vanoni did read the transcript of the preliminary examination regarding the Alter Bay incident, and the next day, during redirect examination, testified that this review had strengthened incrementally his opinion. This does not, however, undermine our conclusion that the jury could have reasonably rejected what it believed to be an opinion Dr. Vanoni had formed prematurely without having conducted an adequate examination of the relevant record.
There is no change in the judgment.
Appellants petition for rehearing is denied.
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