Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
Santa Clara County Super. Ct. No. CC077189
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING
It is ordered that the opinion filed herein on January 29, 2008, be modified as follows:
On page 16, immediately prior to the section labeled “Disposition,” add the following paragraph:
“In sum, Bautista II did not hold, as a matter of law, that there was a factual basis for a section 11360 offering-to-transport plea. The case merely concluded that the parties might have been able to establish such a basis. Since the trial court’s order dismissing the case was driven by a misunderstanding of Bautista II, the judgment must be reversed. That said, neither this opinion nor Bautista II limits the scope of any future plea negotiations. On remand, the matter shall stand as it did following the decision in Bautista II--Dave shall be permitted to withdraw his guilty plea and the parties may negotiate any lawful bargain they choose.”
There is no change in judgment. The petition for rehearing is denied.
Premo, J., Elia, J., Rushing, P.J.