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People v. Silva

California Court of Appeals, Sixth District
Feb 15, 2008
No. H029863 (Cal. Ct. App. Feb. 15, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. ANDREW SILVA, Defendant and Appellant. H029863 California Court of Appeal, Sixth District February 15, 2008

NOT TO BE PUBLISHED

Santa Clara County Super. Ct. No. CC583671

ORDER MODIFYING OPINION AND DENYING REHEARING

RUSHING, P.J.

THE COURT:

It is ordered that the opinion filed herein on January 16, 2008, be modified as follows:

1. On page 5, line 19, the sentence starting with “However, at one” and ending with “himself” is modified to read as follows:

However, at one point he said he wanted to tie her up and make her watch him kill himself and something along the lines of choking or strangling her.

2. On page 16 line 4, the sentence starting with “Concerning Lisa” and ending with “suicide” is modified to read as follows:

Concerning Lisa, he said he wanted to tie her up and make her witness his suicide and also something about choking or strangling her.

3. On page 17, line 1, the sentence starting with “Defendant’s threat” and ending with “safety is modified as follows:

Defendant’s threat to Lisa about tying her up and making her watch him commit suicide and something about choking or strangling her reasonably reflects an intent to cause Lisa to fear for her own safety.

4. On page 17, line 3, the sentencing starting with “Similarly, after” and ending with “hair” is modified to as follows:

Similarly, after Jessica spurned defendant, he pulled her from the car by the neck when she toyed with his hair.

There is no change in the judgment.

Appellant’s petition for rehearing is denied.

WE CONCUR: PREMO, J., ELIA, J.


Summaries of

People v. Silva

California Court of Appeals, Sixth District
Feb 15, 2008
No. H029863 (Cal. Ct. App. Feb. 15, 2008)
Case details for

People v. Silva

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ANDREW SILVA, Defendant and…

Court:California Court of Appeals, Sixth District

Date published: Feb 15, 2008

Citations

No. H029863 (Cal. Ct. App. Feb. 15, 2008)