P. v. Wells
Filed 3/13/07 P. v. Wells CA1/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIRST APPELLATE DISTRICT
DIVISION ONE
THE PEOPLE, Plaintiff and Respondent, v. JOSEPH WELLS, Defendant and Appellant. | A112173 (Solano County Super. Ct. No. VCR164967) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on February 14, 2007, be modified as follows:
1. On page 11, delete the first paragraph on the page and replace it with the following paragraph:
Defendant is barred from challenging the trial courts special instruction addressing the prosecutors argument about the bridge tapes because he did not object to the instruction when given the opportunity to comment by the court. (People v. Davis (2005) 36 Cal.4th 510, 539.) Indeed, it was the prosecutor who objected to the instruction, not defense counsel.
There is no change in the judgment.
To the extent the relief sought by appellants petition for rehearing is not addressed by this amendment, the petition is denied.
Dated:
________________________________
Marchiano, P.J.
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