Brierton v. Department of Motor Vehicles

Full title: JOHN GREENWOOD BRIERTON, Plaintiff and Appellant, v. DEPARTMENT OF MOTOR…

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

Date published: Jun 30, 2005

No. D044120 (Cal. Ct. App. Jun. 30, 2005)

Opinion

JOHN GREENWOOD BRIERTON, Plaintiff and Appellant, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Respondent. D044120 California Court of Appeal, Fourth District, First Division June 30, 2005

Super. Ct. No. GIC818354.

ORDER DENYING REHEARING AND MODIFICATION OF THE OPINION

[NO CHANGE IN JUDGMENT]

THE COURT:

The petition for rehearing is denied. It is ordered that the opinion, filed on June 21, 2005, is modified as follows:

On page 18, the second sentence under Conclusion, beginning with the words "Officer Miller possessed" is deleted, and the following sentence is added:

Officer Miller possessed the authority to stop and arrest Brierton at a location outside the SDSU campus on the 5100 block of College Avenue, because Penal Code section 830.2 grants state university police authority that extends throughout the state.

There is no change in the judgment.