Opinion
C066979
06-26-2012
THE PEOPLE, Plaintiff and Respondent, v. TIMOTHY D. CROSBY, Defendant and Appellant.
NOT TO BE PUBLISHED
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super. Ct. No. CR08-3533)
ORDER MODIFYING OPINION
[NO CHANGE IN JUDGMENT]
THE COURT:
It is ordered that the nonpublished majority opinion filed herein on June 21, 2012, be modified as follows:
At page 9, delete the fourth sentence of the first paragraph, which begins, "Without affirmative proof, circumstantial or otherwise," and revise it as follows:
Without affirmative evidenceso that the sentence now reads:proof, circumstantial or otherwise, that Robert had permitted defendant to use his computer,the matter remains—sincethere is no substantial evidence to supportitRobert's having given such permission.
Without affirmative evidence, circumstantial or otherwise, that Robert had permitted defendant to use his computer, there is no substantial evidence to support Robert's having given such permission.
This modification does not change the judgment. BY THE COURT: NICHOLSON, Acting P. J. BUTZ, J.