People v. Cohens

Full title: THE PEOPLE, Plaintiff and Respondent, v. SHAWN MAURICE COHENS, Defendant…

Court: California Court of Appeals, Fourth District, Second Division

Date published: Dec 1, 2009

No. E045468 (Cal. Ct. App. Dec. 1, 2009)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. SHAWN MAURICE COHENS, Defendant and Appellant. E045468 California Court of Appeal, Fourth District, Second Division December 1, 2009

Super. Ct. No. RIF135609

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING

Ramirez, P.J.

The petition for rehearing is denied. The opinion filed in this matter on November 9, 2009, is modified as follows:

The first full paragraph on page 6 of the dissent is modified to add the word “not” after the word does, so that the paragraph reads as follows:

While I fully understand that the jury found that the Frederick Street address was a second residence, this finding does not equate to a finding that defendant had actual knowledge that it was a second residence.

Except for this modification, the opinion remains unchanged. This modification does not affect a change in the judgment.

We concur: Gaut, J., King, J.