P. v. Tolliver
Filed 4/9/08 P. v. Tolliver CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE
THE PEOPLE, Plaintiff and Respondent, v. HENRY CLARK TOLLIVER, Defendant and Appellant. | B194480 (Los Angeles County Super. Ct. No. MA029178) ORDER MODIFYING OPINION AND DENYING REHEARING PETITION [NO CHANGE IN JUDGMENT] |
THE COURT:*
It is ordered that the opinion filed herein on March 19, 2008, be modified as follows: on page 8, paragraph 2, line 4, delete the text Defendant merely denied he said the marijuana at his home was a small amount for his personal use. Defendants motion attached only the front page of the arrest report in question, where no such reference was made. The following text is to be inserted in its place: Mr. Dagers declaration merely stated: Said deputy asserts that the defendant admitted that the contraband obtained from a home was his. The statement was never made by the defendant.
On page 9, line 8, delete the text Here, Mr. Dagers declaration did not set forth the defense he intended to pursue. The following text is to be inserted in its place: Here, Mr. Dagers declaration, when viewed in conjunction with other documents, did not establish a plausible factual foundation for officer misconduct.
On page 9, line 10, delete the text Mr. Dager did not provide the complete police report which contained the questioned statements made by defendant.
No change in the judgment.
The rehearing petition is denied.
*TURNER, P.J. MOSK, J. KRIEGLER, J.
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