Opinion
Page 1274c
195 Cal.App.4th 1274c __ Cal.Rptr.3d __ THE PEOPLE, Plaintiff and Respondent, v. LARRY WADE BUTLER, Defendant and Appellant. B218946 California Court of Appeal, Second District, First Division June 7, 2011[CERTIFIED FOR PARTIAL PUBLICATION ]
Pursuant to California Rules of Court, rules 8.1100 and 8.1110, this opinion is certified for publication with the exception of parts II, III, IV and V.
L.A. Super. Ct. No. MA045858
THE COURT:IT IS ORDERED that the opinion filed herein on May 11, 2011 (195 Cal.App.4th 535; __Cal.Rptr.3d __), be modified in the following particulars and the petition for rehearing is DENIED:
On page 4 [195 Cal.App.4th 538, advance report, 3d full par., lines 8-12], delete the last sentence in the second paragraph under Discussion part I. beginning with the words “We reject” and ending with “insurance companies” and in its place, substitute the following:
We reject Butler’s argument because it contradicts the plain language of the statute. Although resort to legislative history is unnecessary, that history is consistent with the statute’s plain language.
This modification does not affect a change in the judgment.
Appellant’s petition for rehearing is denied.
MALLANO, P. J. ROTHSCHILD, J. JOHNSON, J.