P. v. Smith
Filed 1/5/09 P. v. Smith 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. CRAIG SMITH, Defendant and Appellant. | H032602 (Santa Clara County Super. Ct. No. CC074566) ORDER MODIFYING OPINIONNO CHANGE IN THE JUDGMENT |
BY THE COURT:
It is ordered that the opinion filed here on December 8, 2008, be modified as follows:
1. On page 4, line one the words comes from are deleted so the sentence starting on page 3 reads as follows:
According to defendant the fact that the trial court did not order him to complete formal probation provides further evidence that he was convicted of a misdemeanor.
There is no change in the judgment.
Dated: ____________________________________
RUSHING, P.J.
WE CONCUR:
_________________________________
PREMO, J.
_________________________________
ELIA, J.
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