P. v. Silva

Filed 2/15/08 P. v. Silva 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 January 16, 2008, be modified as follows:

1. On page 5, line 19, the sentence starting with However, at one and ending with himself is modified to read as follows:

However, at one point he said he wanted to tie her up and make her watch him kill himself and something along the lines of choking or strangling her.

2. On page 16 line 4, the sentence starting with Concerning Lisa and ending with suicide is modified to read as follows:

Concerning Lisa, he said he wanted to tie her up and make her witness his suicide and also something about choking or strangling her.

3. On page 17, line 1, the sentence starting with Defendants threat and ending with safety is modified as follows:

Defendants threat to Lisa about tying her up and making her watch him commit suicide and something about choking or strangling her reasonably reflects an intent to cause Lisa to fear for her own safety.

4.                  On page 17, line 3, the sentencing starting with Similarly, after and ending with hair is modified to as follows:

Similarly, after Jessica spurned defendant, he pulled her from the car by the neck when she toyed with his hair.

There is no change in the judgment.

Appellants petition for rehearing is denied.

Dated: ____________________________________

RUSHING, P.J.

WE CONCUR:

_________________________________

PREMO, J.

_________________________________

ELIA, J.

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