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P. v. Deandrade

P. v. Deandrade
07:25:2008



P. v. Deandrade



Filed 7/18/08 P. v. Deandrade 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.



ANTHONY JOSEPH DEANDRADE,



Defendant and Appellant.



G038353



(Super. Ct. No. 06HF1789)



ORDER MODIFYING OPINION



AND DENYING REHEARING;



NO CHANGE IN JUDGMENT



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



1. On page 5, second sentence of the second paragraph, beginning with The trial court placed and ending with one year in jail is changed so the sentence reads:



The trial court ordered defendant to serve 365 days in jail.



2. On page 8, the second sentence of the second full paragraph, the words received an acquittal are changed to obtained a better result so the sentence reads:



Based on our review of the record, we are not convinced defendant would have obtained a better result had the evidence been excluded.



3. On page 9, the last sentence of the first full paragraph, beginning with We therefore conclude and ending with statements been excluded is deleted and so the sentence reads:



We therefore conclude it is not reasonably probable defendant would have obtained a more favorable result in the absence of the error.



These modifications do not change the judgment. The petition for rehearing is DENIED.



ARONSON, J.



WE CONCUR:



SILLS, P. J.



IKOLA, J.



Publication Courtesy of California attorney directory.



Analysis and review provided by Oceanside Property line Lawyers.



San Diego Case Information provided by www.fearnotlaw.com





Description A modification decision.
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