PEOPLE v. HERNDON
Filed 5/2/07
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
THE PEOPLE, Plaintiff and Respondent, v. TRAVIS LEE HERNDON, Defendant and Appellant. | B183711 (Los Angeles County Super. Ct. No. BA265775) ORDER MODIFYING OPINION AND DENYING REHEARING [no change in the judgment] |
The opinion is modified by striking the second full paragraph on page 7 beginning The image of five deputy sheriffs and substituting the following:
Based on the trial courts description, a reasonable inference can be drawn of five deputy sheriffs wrestling the defendant to the ground and prying open his clenched fists to roll his fingerprints. Such an image is repugnant to say the least. The question is: would such conduct violate Herndons right to due process of law?
This modification does not constitute a change in the judgment.
The petitions for rehearing are denied.
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JOHNSON, Acting P. J. WOODS, J. ZELON, J.
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