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P. v. Chapin

P. v. Chapin
06:19:2008



P. v. Chapin



Filed 6/12/08 P. v. Chapin CA4/3



NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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



FOURTH APPELLATE DISTRICT



DIVISION THREE



THE PEOPLE,



Plaintiff and Respondent,



v.



EDWARD DWIGHT CHAPIN,



Defendant and Appellant.



G038008



(Super. Ct. No. 02WF1164)



ORDER MODIFYING OPINION



AND DENYING PETITION FOR



REHEARING; NO CHANGE IN



JUDGMENT



It is ordered that the opinion in this case filed on May 15, 2008, be modified as follows:



On page 3, first sentence of the first paragraph, strike the words defendants residence and replace those words with a house.



On page 3, footnote 2, first sentence, strike the word also. In the same footnote, add the following sentences: Defendant testified that he and his then-fiance had agreed to rent a room at the house then occupied by Sawyer for $500 per month, but Sawyer was not cooperating in moving out. Defendant had earlier moved many of his possessions to the house, and, on the night before the search warrant was executed, he slept on the living room couch.



On page 3, third full paragraph, strike the first sentence. Preface the next sentence with the words At trial, so the sentence reads: At trial, defendant denied knowing about the methamphetamine lab and claimed his admissions to the police on the day of the incident were lies.



On page 11, in the second sentence of the first paragraph following the subtitle Penal Code Section 1054.1 Does Not Provide a Basis for Reversing Defendants Conviction, strike the words defendants residence and insert in their place the words the Huntington Beach house he searched.



On page 14, in the next to last sentence which begins The significance of the receipt . . . , strike the last two words in the sentence, defendants residence, and replace those words with: the same house defendants briefcase was found.



The petition for rehearing is DENIED.



There is no change in the judgment.



IKOLA, J.



WE CONCUR:



BEDSWORTH, ACTING P. J.



FYBEL, J.



Publication courtesy of California pro bono legal advice.



Analysis and review provided by La Mesa Property line Lawyers.



San Diego Case Information provided by www.fearnotlaw.com





Description A modification decision.
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