P. v. Groce
Filed 6/3/08 P. v. Groce CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, Plaintiff and Respondent, v. MARK G. GROCE, Defendant and Appellant. | D049244 (Super. Ct. No. SCD195250) ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING [NO CHANGE IN JUDGMENT] |
THE COURT:
The petition for rehearing is denied.
It is ordered that the opinion filed May 8, 2008, be modified as follows:
1. The first paragraph of the Disposition on page 5 is deleted in its entirety and the following paragraph is added to replace it:
The judgment is conditionally reversed and the matter remanded with directions to allow the defendant, within 30 days of his return to a holding facility in San Diego County, to again file his new trial motion. If the trial court grants the new trial motion, it shall set the case for retrial. If the court denies the new trial motion, or if
defendant fails to file his new trial motion in timely fashion, the court shall reinstate the judgment.
There is no change in the judgment.
McCONNELL, P. J.
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