People v. Rosen

Full title: THE PEOPLE, Plaintiff and Respondent, v. DARRYL GEORGE ROSEN, Defendant…

Court: California Court of Appeals, Third District, Sacramento

Date published: Apr 16, 2007

No. C048139 (Cal. Ct. App. Apr. 16, 2007)

Opinion

Page 421b

149 Cal.App.4th 421b __ Cal.Rptr.3d__ THE PEOPLE, Plaintiff and Respondent, v. DARRYL GEORGE ROSEN, Defendant and Appellant. C048139 California Court of Appeal, Third District, Sacramento April 16, 2007

Super. Ct. No. 02F04042

[CERTIFIED FOR PARTIAL PUBLICATION ^* ]

* Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for publication with the exception of parts III through VII.

ORDER MODIFYING OPINION AND DENYING REHEARING; CHANGE IN THE JUDGMENT

THE COURT:

It is ordered that the opinion filed in this case on March 27, 2007, (148 Cal.App.4th 1311; ___Cal.Rptr.3d___) be modified in the following particulars:

1. Delete the paragraph—beginning with the words, "We disagree with the People's claim that the third factor"—on lines 22 through 27 of page 35 [148 Cal.App.4th 1325, advance report, unpublished portion] and continuing on lines 1 through 4 of page 36, and replace the deleted paragraph with the following:

2. Delete the paragraph on lines 6 through 17 on page 36 [148 Cal.App.4th 1326, advance report, 1st full par.], under the heading DISPOSITION, and replace the deleted paragraph with the following:

The judgment is affirmed.

These modifications change the judgment.