P. v. Rodriguez
Filed 12/18/08 P. v. Rodriguez CA4/21
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. SERGIO NAVARRO RODRIGUEZ, Defendant and Appellant. | E043031 (Super.Ct.No. INF053403) ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING [NO CHANGE IN JUDGMENT] |
| In re SERGIO NAVARRO RODRIGUEZ, on Habeas Corpus. | E045393 (Super.Ct.No. INF053403) |
The petition for rehearing is denied. This order is without prejudice to defendant’s right to file a petition for writ of habeas corpus with respect to his contention that a readback took place without notice to defendant or his attorney and in the absence of defendant and his attorney.
The opinion filed in this matter on November 21, 2008, is modified as follows:
On page 24, at the end of footnote 7, add the following:
The same standard applies whether the epithet is used during the opening statement or the closing argument. (See People v. Cook (2006) 39 Cal.4th 566, 606.)
On the court’s own motion, the opinion is further modified at the end of the first paragraph on page 29, after the sentence ending “otherwise affirmed,” to add the following sentence:
The clerk of the superior court is directed to issue an amended abstract of judgment and to provide copies to the Department of Corrections and Rehabilitation and to the parties.
Except for these modifications, the opinion remains unchanged. These modifications do not effect a change in the judgment.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
/s/ McKinster
Acting P.J.
We concur:
/s/ Richli
J.
/s/ King
J.
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