The People v. Higgins

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

Court: COURT OF APPEAL STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION ONE.

Date published: Jan 21, 2011

D055649 (Cal. Ct. App. Jan. 21, 2011)

Opinion

D055649 Super. Ct. No. SCD212359

01-21-2011

THE PEOPLE, Plaintiff and Respondent, v. RAYMOND HIGGINS, Defendant and Appellant.

NARES, Acting P. J.

CERTIFIED FOR PUBLICATION

ORDER MODIFYING OPINION

[No Change in Judgment]

THE COURT:

It is ordered that the opinion filed herein on January 13, 2011, be modified as follows:

1. On page 11, the entire text of footnote 2 is deleted, and new text is inserted, to read:

A "reasonable probability" means " merely a reasonable chance, more than an abstract possibility. [Citation.]" (People v. Racy (2007) 148 Cal.App.4th 1327, 1335.)

2. On page 36, the sentence in the fourth line of the first paragraph, beginning with "Again, in this context..." is deleted, and is replaced with a new sentence, to read:

Again, in this context, "reasonable probability" means " merely a reasonable chance, more than an abstract possibility. [Citation.]" (People v. Racy, supra, 148 Cal.App.4th at p. 1335.)

There is no change in judgment.

NARES, Acting P. J.