People v. Delgado

Full title: THE PEOPLE, Plaintiff and Respondent, v. OMAR CARVALLO DELGADO, Defendant…

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

Date published: Feb 29, 2008

No. G037932 (Cal. Ct. App. Feb. 29, 2008)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. OMAR CARVALLO DELGADO, Defendant and Appellant. G037932 California Court of Appeal, Fourth District, Third Division February 29, 2008

NOT TO BE PUBLISHED

Super. Ct. No. 05WF3635

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING; NO CHANGE IN JUDGMENT

FYBEL, J.

It is ordered that the opinion filed herein on February 4, 2008, be modified as follows:

On page 7, at the end of the paragraph that continues from page 6, after the last sentence ending “when sentence is imposed,” add as footnote 3 the following footnote, which will require renumbering of the subsequent footnote:

³ The Attorney General filed a petition for rehearing, asking that we remand this case to the trial court for the limited purpose of ascertaining the mutual intent of the parties with respect to the language of the plea agreement. We apply the objective theory of contracts, in which the objective intent evidenced by the words of the contract, rather than the subjective intent of the parties, controls interpretation of the contract. (Founding Members of the Newport Beach Country Club v. Newport Beach Country Club, Inc. (2003) 109 Cal.App.4th 944, 956.) As explained ante, we analyze the objective intent of the contract based on the documents in the appellate record, rendering remand inappropriate.

This modification does not effect a change in the judgment. The petition for rehearing is DENIED.

WE CONCUR: O’LEARY, ACTING P. J., MOORE, J.