P. v. Ferguson

P. v. Ferguson

Filed 8/18/08 P. v. Ferguson CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, Plaintiff and Respondent, v. TREDIS EARL FERGUSON, Defendant and Appellant.

B198407 (Los Angeles Super. Ct. No. BA306078) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on July 23, 2008, be modified as follows:

1. The last sentence commencing at the bottom of page 15 and ending at the top of page 16 under the disposition section is deleted and replaced with the following:

If defendant is unable to demonstrate prejudice, the trial court is ordered to reinstate the original judgment and sentence as corrected as of that date. The judgment is affirmed in all other respects.

The petition for rehearing is denied. There is no change in the judgment.

KRIEGLER, J. MOSK, J.

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