Opinion
NOT TO BE PUBLISHED
Stanislaus S.Ct. No. 1083857
ORDER MODIFYING OPINION
WISEMAN, Acting P.J.
It is ordered that the opinion filed herein on April 17, 2009, be modified as follows:
On page 4, in the second full paragraph, following the heading “DISPOSTION” delete the words “petition for” in the first sentence of the paragraph, so that the sentence and paragraph reads:
Let a writ of habeas corpus issue directing the Clerk of the Stanislaus County Superior Court, if he receives said notice and request on or before 30 days from the date of the filing of this opinion, to file the notice and request, to treat them as being timely filed, to cause the request to be ruled upon by the superior court, and in the event the court grants said request, to proceed with the preparation of the record on appeal in accordance with the applicable rules of the California Rules of Court. Nothing in this opinion should be taken as an expression by this court on whether the request for certificate of probable cause should be granted or denied.
Except for the modification set forth, the opinion previously filed remains unchanged.
This modification does not affect a change in judgment.
WE CONCUR: CORNELL, J., KANE, J.