>PEOPLE v.
EUSEBIO























Filed 7/19/10

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>CERTIFIED FOR PARTIAL PUBLICATION

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IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



SECOND
APPELLATE DISTRICT



DIVISION
FOUR




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THE PEOPLE, Plaintiff and Respondent, v. GERALD JOHN EUSEBIO, Defendant and Appellant.

B216149 (Los Angeles County Super. Ct. No. VA107591) ORDER MODIFYING OPINION AND DENYING REHEARING [CHANGE IN JUDGMENT]

THE COURT*

We have
received and reviewed respondent's petition for rehearing or modification of opinion filed June 25,
2010 and appellant's petition for rehearing filed July 8, 2010.

Appellant's
petition for rehearing is denied.

Respondent's
petition for modification is granted and the request for rehearing denied. It is ordered that the opinion filed June 18, 2010 be modified as follows:

1. On page 12, the second sentence is modified
to read: â€