P. v. Spratlin
Filed 7/28/09 P. v. Spratlin CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SECOND APPELLATE DISTRICT
DIVISION ONE
THE PEOPLE, Plaintiff and Respondent, v. ROBERT LEE SPRATLIN, Defendant and Appellant. | B206601 (Los Angeles County Super. Ct. No. TA088262) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] |
THE COURT*:
It is ordered that the opinion filed herein on July 7, 2009, be modified as follows:
1. On page 3, first partial sentence, the words in the driveway are changed to outside so the full sentence reads:
Detective Garrido drove past the Denver Avenue address and saw Spratlins Cadillac outside.
2. On page 3, the fifth sentence of the second full paragraph, on one side, and female clothing on the other side is deleted so the sentence reads:
In the bedroom closet was male clothing that looked like it would fit Spratlin.
3. On page 5, the second sentence of the first full paragraph, the Denver Avenue address was subject to a parole search as Spratlins residence, and that is deleted so the sentence reads:
The prosecution argued that if it was not his residence, Spratlin had no reasonable expectation of privacy under the Fourth Amendment.
4. On page 6, the second sentence of the third full paragraph, change in the Denver Avenue driveway to outside the Denver Avenue address so the sentence reads:
He saw the Cadillac outside the Denver Avenue address and, although he could not remember whether he ran the plates, he testified that he then checked Spratlins record and found that Denver Avenue was a prior address.
There is no change in the judgment.
Appellants petition for rehearing is denied.
____________________ ____________________
*MALLANO, P. J. ROTHSCHILD, J.
Publication courtesy of California free legal advice.
Analysis and review provided by Carlsbad Property line attorney.
