P. v. Stafford
Filed 8/2/12
P. v. Stafford CA1/1
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opinion has not been certified for publication or ordered published for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 ONE
THE PEOPLE,
Plaintiff and
Respondent,
v.
DARRELL STAFFORD,
Defendant and
Appellant.
A132989
(Sonoma County
Super. Ct. No. SCR589032)
ORDER MODIFYING OPINION
[NO CHANGE IN
JUDGMENT]
THE COURT:
It is ordered
that the opinion filed herein on July
20, 2012, be modified in
the following particulars:
1. On page 13, line 10, footnote 4 is added
after the sentence which reads “And he said, ‘I did.’ ” Footnote 4 will read:
Defendant has requested
that we alter the reporter’s transcript to read “I did,” rather than the
current declaratory statement, “I did.”
Without any definitive indication from the court reporter, the trial
court, or the parties as to the precise nature of defendant’s response, this
court cannot determine if the quote, “I did,” was a declaration or a
query. We decline to alter the record,
although we do not make a characterization either way in ruling on the issue of
the admissibility of defendant’s statements as adoptive admissions.
There
is no change in the judgment.
The
petition for rehearing is denied.
Date: August 2, 2012 _________________________
Marchiano,
P. J.
