People v. Eurich

Full title: THE PEOPLE, Plaintiff and Respondent, v. JASON ROBERT EURICH, Defendant…

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

Date published: Mar 17, 2009

No. G039648 (Cal. Ct. App. Mar. 17, 2009)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. JASON ROBERT EURICH, Defendant and Appellant. G039648 California Court of Appeal, Fourth District, Third Division March 17, 2009

NOT TO BE PUBLISHED

Super. Ct. No. 96NF2434

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

MOORE, J.

It is ordered that the opinion filed herein on March 2, 2009, be modified as follows:

1. On page 5, the first line of the second paragraph should read: “Here, in contrast, substantial evidence supported the jury’s finding defendant committed two separate and distinct robberies.”

2. On page 5, the first line of the third paragraph should read: “We also reject defendant’s claim that commercial robbery is a lesser-included offense of the residential robbery.”

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

WE CONCUR: BEDSWORTH, ACTING P. J., FYBEL, J.