People v. Molina

Full title: THE PEOPLE, Plaintiff and Respondent, v. RAYMOND GREG MOLINA, Defendant…

Court: California Court of Appeals, Sixth District

Date published: Sep 9, 2009

No. H033512 (Cal. Ct. App. Sep. 9, 2009)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. RAYMOND GREG MOLINA, Defendant and Appellant. H033512 California Court of Appeal, Sixth District September 9, 2009

NOT TO BE PUBLISHED

Santa Clara County Super. Ct. No. CC894287

ORDER MODIFYING OPINION AND DENYING REHEARING

THE COURT:

The opinion filed on August 13, 2009, is hereby modified in the following respects:

1. On page 5, at the end of the first full paragraph, add as footnote 3 the following footnote:

3 In his rehearing petition, defendant claims that he “did not rely ‘heavily’ ” on Garry. More than half of the argument section of his opening brief was devoted to Garry.

2. On page 6, after the third sentence of the second full paragraph, add as footnote 4 the following footnote:.

4 Defendant contends that a request for identification is coercive because the driver of a vehicle is required by law to comply with a demand for his or her driver’s license. As defendant was not driving the vehicle but merely sitting in it, he was not required to provide a driver’s license upon demand, and a reasonable person would have understood that.

This modification does not affect the judgment. The petition for rehearing is denied.

Mihara, J., Bamattre-Manoukian, Acting P. J., McAdams, J.