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P. v. Martinez

P. v. Martinez
09:30:2007

P. v. Martinez




Filed 9/8/06 P. v. Martinez CA4/2







NOT TO BE PUBLISHED




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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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















THE PEOPLE,


Plaintiff and Respondent,


v.


JOSE CARMEN MARTINEZ,


Defendant and Appellant.



E037600


(Super.Ct.No. FVA-015664)


ORDER MODIFYING


OPINION AND DENYING


PETITION FOR REHEARING


[NO CHANGE IN JUDGMENT]





The petition for rehearing is denied. The opinion filed in this matter on August 14, 2006, is modified as follows:


Footnote 3 on page 6 of the opinion is modified to read as follows:


Nine statements appear on page 28 of Martinez's opening brief. They comprise the second part of an indented, single-spaced paragraph which begins with matters quoted from Martinez's interview with the police. The nine statements themselves are not direct quotes from the pages cited at the end of the paragraph, except for one, but are appellate counsel's summary of the testimony found on those pages.


Except for this modification, the opinion remains unchanged. This modification does not effect a change in the judgment.


NOT TO BE PUBLISHED


RAMIREZ


P.J.


We concur:


HOLLENHORST


J.


McKINSTER


J.


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