P. v. Gutkowski

Filed 12/29/09 P. v. Gutkowski 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 COURT:

It is ordered that the opinion filed herein on December 3, 2009, be modified as follows:

1.                  On page 9, the first sentence of the second full paragraph, beginning with In these circumstances is deleted and the following sentence is inserted in its place.

In these circumstances, there is not a reasonable probability that but for the introduction of evidence of defendants silence after his arrest the result of the proceeding would have been different.^[2]

There is no change in judgment.

Appellants petition for rehearing is denied.

Dated: ____________________________________

RUSHING, P.J.

WE CONCUR:

_________________________________

PREMO, J.

_________________________________

ELIA, J.

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