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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 PEOPLE, Plaintiff and Respondent, v. CHESTER EDWARD GUTKOWSKI, Defendant and Appellant. | H033481 (Santa Clara County Super. Ct. No. EE706010) ORDER MODIFYING OPINION AND DENYING REHEARING NO CHANGE IN THE JUDGMENT |
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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