P. v. Cox
Filed 3/6/09 P. v. Cox CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO
THE PEOPLE, Plaintiff and Respondent, v. RICHARD DANIEL COX, Defendant and Appellant. | E043487 (Super.Ct.Nos. RIF125661, RIF126232) ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING [NO CHANGE IN JUDGMENT] |
The petition for rehearing is denied. The opinion filed in this matter on February 17, 2009, is modified as follows:
The third sentence of the last paragraph on page 14 and continuing on page 15 is modified to read as follows:
Testimony was presented by several witnesses, including testimony regarding statements made by defendant himself prior to trial, that during the so-called hell week Mendoza stomped on Michael; punched and kicked Michael in the stomach; held Michael by his feet and dropped him on his head until there was a cracking sound; burned the bottom of Michaels foot, anus, and penis; and held his foot on Michaels chest while Michael lay on the ground and violently pulled Michaels arms toward him.
Except for this modification, the opinion remains unchanged. this modification does not effect a change in the judgment.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RICHLI
J.
We concur:
HOLLENHORST
Acting P.J.
McKINSTER
J.
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