Opinion
B220181
12-08-2011
THE PEOPLE, Plaintiff and Respondent, v. RONALD K. EATEN, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. NA080315)
ORDER MODIFYING OPINION;
NO CHANGE IN JUDGMENT
THE COURT:
It is ordered that the opinion filed herein on November 22, 2011, and not certified for publication, be modified as follows:
On page 13, line 9 of the second paragraph, after the sentence ending with the words "was 'momentary' or 'fleeting,' rather than 'sustained.'" add as footnote 7 the following footnote which will require renumbering the subsequent footnote:
7 As discussed, Officer DeJongh testified he remained in fear for his life even after he had subdued appellant until other patrol units arrived at the scene. However, the jury was free to disbelieve this portion of his testimony.
Respondent's petition for rehearing is denied. The foregoing does not change the judgment.
PERLUSS, P. J.
WOODS, J.
ZELON, J.