FLEMING v. SUPERIOR COURT OF ORANGE COUNTY









Filed 1/19/11









CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

JAMES FLEMING, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.	G043395 (Super. Ct. No. 07ZF0013) ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING; NO CHANGE IN JUDGMENT
THE PEOPLE, Plaintiff and Appellant, v. JAMES FLEMING, Defendant and Respondent.	G043577

The opinion in this matter, filed December 21, 2010, is hereby modified as follows:
On page 34 of the slip opinion, in the last complete paragraph (the one that begins with “There is also the matter of transcripts”, the sentence that currently reads:
Particularly given the delay in the actual preparation of the transcripts and forwarding to counsel, it is unlikely all the reading could have been completed, much less a proper motion prepared, in 60 days.
is modified to read:
Particularly given the voluminous record and the delay in the actual preparation of the transcripts and forwarding to counsel (even if the record was technically finalized prior to the arraignment), it is unlikely all the reading could have been completed, much less a proper motion prepared, in 60 days.
This modification does not affect the judgment.
The petition for rehearing filed by the district attorney’s office on January 5, 2011 is DENIED.


___________________________
SILLS, P. J.

WE CONCUR:


___________________________
RYLAARSDAM, J.


___________________________
MOORE, J.



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