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In re Rodriguez

California Court of Appeals, Fifth District
Apr 21, 2009
No. F056735 (Cal. Ct. App. Apr. 21, 2009)

Opinion


In re MARCOS RODRIGUEZ, On Habeas Corpus. F056735 California Court of Appeal, Fifth District April 21, 2009

NOT TO BE PUBLISHED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.


Summaries of

In re Rodriguez

California Court of Appeals, Fifth District
Apr 21, 2009
No. F056735 (Cal. Ct. App. Apr. 21, 2009)
Case details for

In re Rodriguez

Case Details

Full title:In re MARCOS RODRIGUEZ, On Habeas Corpus.

Court:California Court of Appeals, Fifth District

Date published: Apr 21, 2009

Citations

No. F056735 (Cal. Ct. App. Apr. 21, 2009)