Opinion
F059205 Kern Sup. Ct. No. BF128396A
09-02-2011
THE PEOPLE, Plaintiff and Respondent, v. BRUCE LEE ANDERSON, Defendant and Appellant.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
ORDER MODIFYING OPINION
AND DENYING REHEARING
[NO CHANGE IN JUDGMENT]
THE COURT:
It is ordered that the opinion filed herein on August 4, 2011, be modified in the following particulars:
1. On page 41, the first full paragraph beginning "The court properly denied defendant's motion" is deleted and the following paragraph is inserted in its place:
The court properly denied defendant's motion to suppress and defense counsel was not prejudicially ineffective for failing to introduce certain facts at the suppression hearing. It is undisputed that Ms. Reiss was
on probation and subject to a search condition, and that she previously told Shotwell that everything in the trailer was "hers that she has control over." While defendant may have been staying in the trailer, there is no evidence that he had excluded Ms. Reiss from the trailer to refute the evidentiary inference that she still had joint control over the interior.
Defendant's other issues raised in his petition for rehearing are without merit. Except for the modification set forth, the opinion previously filed remains unchanged. Appellant's petition for rehearing is denied.
Poochigian, J. WE CONCUR: Dawson, Acting P.J. Kane, J.