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P. v. Dominguez

P. v. Dominguez
05:30:2008



P. v. Dominguez



Filed 5/27/08 P. v. Dominguez 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.



RAYMOND DOMINGUEZ,



Defendant and Appellant.



E042601



(Super.Ct.No. FVI025608)



ORDER MODIFYING OPINION



AND DENIAL OF PETITION



FOR REHEARING



[NO CHANGE IN JUDGMENT]



Appellants petition for rehearing is denied. The opinion filed in this case on May 9, 2008, is modified as follows:



1. On page 5, in the second paragraph, strike the rental company and insert a retail business. Hence, the sentence should read, Employees at a retail business called the police on the morning of August 5, after finding bloody items in their dumpster that had not been there at 4:00 p.m. the previous day.



2. On page 5, in the second paragraph, strike including a Leatherman-type multipurpose tool and insert an additional sentence, DNA evidence was also found on a Leatherman-type multipurpose tool, which was found in defendants motel room. Hence, the two sentences should read, DNA tests established that Floress blood was on the bleach bottle and other items found in the plastic bag. DNA evidence was also found on a Leatherman-type multipurpose tool, which was found in defendants motel room.



Except for the modifications hereinabove set forth, the opinion previously filed remains unchanged. This modification does not effect a change in the judgment.



NOT TO BE PUBLISHED IN OFFICIAL REPORTS



RICHLI



J.



We concur:



McKINSTER



Acting P. J.



GAUT



J.



Publication Courtesy of California free legal resources.



Analysis and review provided by Spring Valley Property line attorney.



San Diego Case Information provided by www.fearnotlaw.com





Description A modification decision.
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