P. v. Johnson
Filed 6/21/07 P. v. Johnson CA4
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR
THE PEOPLE, Plaintiff and Respondent, v. MICHAEL TYRONE JOHNSON, Defendant and Appellant. | A112322 (San Mateo County Super. Ct. No. SC045779) |
BY THE COURT:
Plaintiffs petition for rehearing is denied. The opinion filed on May 30, 2007, is modified as follows:
1. Delete the first sentence from the third paragraph of FACTS II.A.2. and replace it with Dr. Fotre opined that the redness in P. G.s eyes was consistent with increased pressure in the brain, and could have also been caused by her straining against the cervical collar after she was brought to the hospital, or from a significant physical blow.
2. Delete the fourth sentence in the seventh paragraph under DISCUSSION I.B.2. and replace it with Defendant failed to object to the pre-1994 evidence at trial and the issue is therefore waived on appeal.
3. Delete the fifth sentence from the seventh paragraph of DISCUSSION I.B.2 and replace it with In any event, defendants claims fail on the merits.
The above modification does not effect any change in the judgment. (Cal. Rules of Court, rule 8.264(c).)
Dated:
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