P. v. Keene

Filed 10/17/06 P. v. Keene CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

Appellant’s petition for rehearing is denied. The opinion filed in this matter on September 21, 2006, is modified as follows:

On page 10, the first full paragraph, change the word “absurd” to “unpersuasive” so the sentence reads as follows:

Keene’s assertion that the trial court’s silence regarding the daughter’s truthfulness impliedly told jurors that the trial court found her to be credible is unpersuasive.

Except for these modifications, the opinion remains unchanged. These modifications do not effect a change in the judgment.

NOT TO BE PUBLISHED

HOLLENHORST

Acting P.J.

I concur:

McKINSTER

J.

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