P. v. Fails
Filed 1/21/09 P. v. Fails CA2/8
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT
THE PEOPLE, Plaintiff and Respondent, v. JEROME MICHAEL FAILS, Defendant and Appellant. | B205194 (Los Angeles County Super. Ct. No. YA068318) ORDER MODIFYING OPINION [No change in judgment] |
IT IS ORDERED that the opinion filed in the above-captioned matter on December 22, 2008, be modified as follows:
1. On page 2, third paragraph, the last sentence should be deleted and replaced with: Rowland told Los Angeles Police Officer Eric Warken about the attack and added that Fails was selling cocaine from the motel room, and that the drugs were secreted inside a light switch next to the door.
2. On page 2, fourth paragraph, first sentence, add a letter r to Office so
that it reads: When Officer Warken saw Fails . . . .
3. On page 2, fourth paragraph, the fourth and fifth sentences should be deleted and replaced with: A key to room 131 and $126 in cash were found on his person. Behind the light switch next to the door of his hotel room, Officer Warken found two bags: one contained 18 individually wrapped pieces of cocaine base, the other contained one large piece, determined to be 0.34 grams of cocaine base.
4. On page 2, sixth paragraph, second sentence, add the word he before was charged so that the sentence reads: A mistrial was declared on the two other counts with which he was charged . . . .
5. On page 3, fourth paragraph, the first sentence should be deleted and replaced with: Finally, there is also sufficient evidence of Fails intent to sell the drugs.
This modification effects no change in the judgment.
_______________________________________________________________________ RUBIN, Acting P. J. FLIER, J. BIGELOW, J.
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