P. v. Delahoussaye
Filed 10/17/07 P. v. Delahoussaye CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIRST APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE, Plaintiff and Respondent, v. ERIC JASON DELAHOUSSAYE, Defendant and Appellant. | A105109 (San Mateo County Super. Ct. No. SC054317) ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] |
THE COURT:
Upon review of appellants application for order modifying opinion, filed on October 15, 2007, we hereby order that the unpublished opinion filed herein on October 5, 2007, be modified as follows:
In the second sentence of the first paragraph on page 25, the phrase appellant contends, is deleted and replaced by the phrase the Attorney General contends. Footnote 11 remains unchanged. The sentence now reads:
Regarding the violent conduct which indicates that [appellant] is a serious danger to society aggravated circumstance,[fn.] upon which the court based the count 3 enhancement upper term, the Attorney General contends the jurys findings that appellant assaulted both Jimmy C. and Jose M. by use of force likely to cause great bodily injury inherently included a finding that he acted violently.
There is no change in the judgment.
Dated: _________________________ _________________________
Kline, P.J
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