Filed 12/7/05 P. v. Ortiz CA2/6
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION SIX
| THE PEOPLE, Plaintiff and Respondent, v. DANIEL MICHAEL ORTIZ, Defendant and Appellant. | 2d Crim. No. B176971 (Super. Ct. No. 2004009233) (Ventura County)
ORDER MODIFYING OPINION AND DENYING REHEARING
[NO CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on November 7, 2005, be modified as follows:
1. On page 8, second full paragraph, delete the second, third and fourth sentences and replace them with the following:
DeCoste's rendition at trial of the exact words he used while buying heroin from Ortiz differs from the words on the transcription of the tape recording. Questions of credibility are within the sole province of the jury.
2. On page 10, first full paragraph, delete lines 5 through 7 beginning with the sentence that reads "The public defender's office" and ending with "denied after hearings" and replace them with the following:
Conflict defense counsel represented Ortiz since the preliminary hearing, which had been held two months prior to trial. Ortiz waited until the jury had been selected and sworn in before orally requesting a continuance to hire private counsel, thereby delaying trial.
[There is no change in the judgment.]
Appellant's petition for rehearing is denied.
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