P. v. Rivas
Filed 1/14/08 P. v. Rivas CA2/6
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SECOND APPELLATE DISTRICT
DIVISION SIX
THE PEOPLE, Plaintiff and Respondent, v. CESAR DANIEL RIVAS, Defendant and Appellant. | 2d Crim. No. B196566 (Super. Ct. No. BA307346) (Los Angeles County) ORDER MODIFYING OPINION AND DENYING REHEARING. (NO CHANGE IN THE JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on December 26, 2007, be modified as follows:
1. On page 3, before the last sentence of paragraph 4, beginning with the words, "There is no reasonable probability," add the following text:
On rehearing, Rivas agues that without evidence of drug use or poverty, there is no evidence that he entered the house with the intent to steal. We still believe that even without any evidence of drug use or poverty, the result would be the same. Unlawful entry is alone sufficient to establish intent to commit burglary. (People v. Holley (1961) 194 Cal.App.2d 538, 540.)
There is no change in the judgment.
Appellant's petition for rehearing is denied.
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