People v. Wagner

Full title: THE PEOPLE, Plaintiff and Appellant, v. TONY ROBIN WAGNER, Defendant and…

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

Date published: Aug 14, 2009

No. E047167 (Cal. Ct. App. Aug. 14, 2009)

Opinion

Page 407c

176 Cal.App.4th 407c __ Cal.Rptr.3d__ THE PEOPLE, Plaintiff and Appellant, v. TONY ROBIN WAGNER, Defendant and Respondent. E047167 California Court of Appeal, Fourth District, Second Division August 14, 2009

Super. Ct. No. SWF015764

THE COURT:

It is ordered that the opinion filed here on July 21, 2009, (175 Cal.App.4th 1377; ___Cal.Rptr.3d ___) be modified as follows:

The second sentence in the last paragraph on page 26 and continuing on page 27 [175 Cal.App.4th 1394, advance report, 4th full par., lines 1 through 4], is modified to read:

Rather than refile the case, they appealed the first dismissal; they did not file a petition for writ of mandate attacking the dismissal, which would not have foreclosed their right to refile.

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