Opinion
B230459
08-27-2012
THE PEOPLE, Plaintiff and Respondent, v. HENRY EARL DUNCAN, Defendant and Appellant.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County
Super. Ct. No. A910836)
ORDER MODIFYING OPINION AND
DENYING PETITION FOR REHEARING
[No Change in Judgment]
GOOD CAUSE appearing, the opinion filed August 1, 2012, in the above entitled matter is hereby modified as follows:
1. On page 2, second paragraph, last sentence which reads "Appellant was at the restaurant at 11:00 p.m. that night when it closed, and after closing time was seen sitting alone on a bench near the restaurant."
Should be deleted and replaced with, "Appellant was at the restaurant at 11:00 p.m. that night when it closed, and after closing time was seen sitting alone on a bench in the terminal's mezzanine level."
2. On page 5, second paragraph, last sentence which reads "But to forestall a claim of ineffective assistance of counsel for not objecting, we reach the merits of appellant's contention."
Should be deleted and replaced with, "But despite appellant's failure to object below, and in order to forestall a claim of ineffective assistance of counsel, we exercise our authority under Penal Code section 1259 to reach the merits of appellant's contention of instructional error."
[end of modifications]
No change in judgment.
Appellant's petition for rehearing is denied.
BIGELOW, P. J.
RUBIN, J.
GRIMES, J.