P. v. Smart
Filed 3/4/08 P. v. Smart CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIRST APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE, Plaintiff and Respondent, v. ALVIN SMART, Defendant and Appellant. | A113111 (San Mateo County Super. Ct. No. SC042607A) |
In re ALVIN SMART On Habeas Corpus. | A119279 |
BY THE COURT:
It is ordered that the opinion filed herein on February 15, 2008, be modified as follows:
1. In the first full paragraph on page 25, after the sentence beginning Under the circumstances, the following sentence is added: In light of Smarts appellate argument, it is important to recognize the dual significance of the strong evidence before us that the purpose of Smarts motion was to delay the trial and to frustrate the orderly administration of justice. Not only does this evidence support the lower courts discretionary ruling, it also establishes an independent ground for affirming the Faretta ruling even if we could be persuaded that the motion was timely. (Marshall, supra, 15 Cal.4th at p. 23.)
This modification does not effect a change in the judgment.
Appellants petition for rehearing is denied.
Dated: _______________________ ___________________________
Kline, P.J.
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