P. v. Fousek
Filed 9/23/08 P. v. Fousek CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SIXTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. DAVID FOUSEK, Defendant and Appellant. | H031380 (Monterey County Super. Ct. No. SS061461) ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on August 25, 2008, be modified in the following particulars:
1. On page 12, at the end of the first full paragraph, the citation (People v. Roberts, supra, 7 Cal.4th at p. 377.) is deleted and the following citation is inserted in its place:
(People v. Roberts, supra, 47 Cal.2d at p. 377.)
2. On page 13, line 3, the word he is to be inserted between the words when and observed so the sentence reads:
For that reason, defendant argues that Officer Palado was in a place he had no right to be when he observed the window to defendants bedroom from the backyard and, therefore, Officer Palados visual search of defendants locked bedroom, while standing on a stool outside the bedroom window, was illegal.
There is no change in the judgment.
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BAMATTRE-MANOUKIAN, ACTING P.J.
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MIHARA, J.
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