P. v. Molinar






Filed 12/18/08 P. v. Molinar CA4/3






NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, Plaintiff and Respondent, v. DANIEL MOLINAR JR., Defendant and Appellant.

G039616 (Super. Ct. No. 07CF0286) ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING (No change in Judgment)

It is ordered that the opinion filed on November 25, 2008, be modified as follows:
1. On page 9, after the first sentence in second full paragraph, add the following sentence as footnote 4 and renumber any subsequent footnotes: “Because we find no error in the making or executing of the plea bargain, we also deny appellant’s request to deem his supplemental letter brief as a petition for writ of mandate. (In re Brown (1973) 9 Cal.3d 679, 684, superseded by statute on another point.)”

This modification does not effect a change in the judgment. The petition for rehearing is DENIED.



SILLS, P. J.

WE CONCUR:



BEDSWORTH, J.



IKOLA, J.

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