Opinion
Page 1106a
123 Cal.App.4th 1106a __ Cal.Rptr.3d __ THE PEOPLE, Plaintiff and Respondent, v. JOHN MOSE CAUDILLO, Defendant and Appellant. H026166 California Court of Appeal, Sixth District October 7, 2004ORDER MODIFYING OPINION AND DENYING REHEARING, NO CHANGE IN JUDGMENT
THE COURT:
It is ordered that the opinion filed herein on Oct. 7, 2004 (122 Cal.App.4th 1417; ___Cal.Rptr.3d___), be modified in the following particulars:
1. The paragraph commencing at the bottom of page 15 [122 Cal.Rptr.4th 1433, advance report] with “After defendant’s opening” and ending at the top of page 16 with “Confrontation Clause claim” is modified to read as follows:
After defendant’s opening brief was filed, the United States Supreme Court decided Crawford v. Washington (March 8, 2004, No. 02-9410) ___ U.S. ___ [124 S.Ct. 1354] (Crawford). In his reply brief, defendant relies on Crawford to bolster his Confrontation Clause claim.
2. On page 16, the first full paragraph [122 Cal.App.4th 1433, advance report, par. 2] is deleted.
3. On page 18 [122 Cal.App.4th 1435, advance report], the last sentence of the second full paragraph is deleted.
4. The four paragraphs commencing in the middle of page 19 [122 Cal.App.4th 1436, advance report] with "In People v. Cage" and ending at the bottom of page 20 [122 Cal.App.4th 1437, advance report] with "(Id. at p. 785.)" are deleted.
5. On page 22, the first sentence of the first full paragraph [122 Cal.App.4th 1438, advance report, par. 2] commencing with "Defendant contends that" is modified to read as follows:
Defendant contends that Moscat is wrongly decided and that his position is supported by another New York case, People v. Cortes (2004) [781 N.Y.S.2d 401].
Page 1106b
The petition for rehearing is denied.
This modification does not effect a change in the judgment.