P. v. Martinez
Filed 4/1/10 P. v. Martinez 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. GABRIEL MARTINEZ, Defendant and Appellant. | B215049 (Los Angeles County Super. Ct. No. NA078873) ORDER MODIFYING OPINION AND DENYING REHEARING [no change in the judgment] |
It is ordered that the opinion filed herein March 10, 2010, be modified as follows:
1. On page 4, in the next to last sentence of the paragraph preceding the Disposition, the words on appeal are to be inserted between The record and does not so that the sentence reads:
The record on appeal does not indicate that Appellant raised any claim
regarding the calculation of presentence custody credits in the trial court.
2. At the end of the same sentence referenced in number 1 above, add as footnote 2 the following:
On March 2, 2010, we received a courtesy copy of a document filed in the trial court, indicating that Appellant has moved for modification of his sentencing credits; however, this issue is not before us at this time.
3. On page 4, in the last sentence of the paragraph preceding the Disposition, insert the word this between the words on and appeal so that the sentence reads:
Thus, any issue regarding the amendment of Penal Code section 4019 is not cognizable on this appeal.
Appellants petition for rehearing is denied.
________________________________________________________________________ MALLANO, P. J. CHANEY, J. JOHNSON, J.
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