P. v. Gomez
Filed 11/21/08 P. v. Gomez CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FOURTH APPELLATE DISTRICT
DIVISION THREE
THE PEOPLE, Plaintiff and Respondent, v. ELISEO CRUZ GOMEZ, Defendant and Appellant. | G039092 (Super. Ct. No. 06HF1386) ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING; NO CHANGE IN JUDGMENT |
It is ordered that the opinion filed October 24, 2008, be modified in the following particulars:
1. On page 12, first full paragraph, add the following to the end of the paragraph: Because we have found Gomez was not prejudiced by the prosecutors statements, we need not determine whether his defense counsels performance was deficient. (People v. Sanchez (1995) 12 Cal.4th 1, 40-41 [If defendant fails to show that he was prejudiced by counsels performance, we may reject his ineffective assistance claim without determining whether counsels performance was inadequate].)
The petition for rehearing is DENIED. This modification does not change the judgment.
OLEARY, ACTING P. J.
WE CONCUR:
MOORE, J.
IKOLA, J.
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