P. v. Villacana
Filed 1/18/08 P. v. Villacana 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 PEOPLE, Plaintiff and Respondent, v. ALEJANDRO VILLACANA, Defendant and Appellant. | H030779 (Monterey County Super. Ct. No. SS011320) ORDER MODIFYING OPINION AND DENYING REHEARING NO CHANGE IN THE JUDGMENT |
It is ordered that the opinion filed herein on December 28, 2007, be modified as follows.
On page 8, the following language is deleted:
Furthermore, as noted above, the record on appeal establishes that, prior to the probation revocation hearing, defendant and his counsel were given notice that the prosecutor intended to proceed to hearing on the ground that defendant had illegally re-entered the United States, without specifying a date. Asked specifically if he had any objection to proceeding on the bases proposed by the prosecutor, defense counsel said he did not. Objections not presented to the trial court cannot be raised for the first time on appeal. (In re Michael L. (1985) 39 Cal.3d 81, 88.) The hyper-technical point raised by defendant on appeal was never argued to the trial court, and was therefore waived. [] We reject defendants claim on the merits.
There is no change in the judgment.
The petition for rehearing is denied.
Date: __________________________
McAdams, J.
___________________________ __________________________
Mihara, P.J. Duffy, J.
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