People v. Cox

Full title: THE PEOPLE, Plaintiff and Respondent, v. RICHARD DANIEL COX, Defendant and…

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

Date published: Mar 6, 2009

No. E043487 (Cal. Ct. App. Mar. 6, 2009)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. RICHARD DANIEL COX, Defendant and Appellant. E043487 California Court of Appeal, Fourth District, Second Division March 6, 2009

NOT TO BE PUBLISHED

Super. Ct. Nos. RIF125661, RIF126232.

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING

RICHLI, J.

The petition for rehearing is denied. The opinion filed in this matter on February 17, 2009, is modified as follows:

The third sentence of the last paragraph on page 14 and continuing on page 15 is modified to read as follows:

Testimony was presented by several witnesses, including testimony regarding statements made by defendant himself prior to trial, that during the so-called “hell week” Mendoza stomped on Michael; punched and kicked Michael in the stomach; held Michael by his feet and dropped him on his head until there was a cracking sound; burned the bottom of Michael’s foot, anus, and penis; and held his foot on Michael’s chest while Michael lay on the ground and violently pulled Michael’s arms toward him.

Except for this modification, the opinion remains unchanged. this modification does not effect a change in the judgment.

We concur: HOLLENHORST, Acting P.J., McKINSTER, J.