People v. Evert

Full title: THE PEOPLE, Plaintiff and Respondent, v. NATHAN MATTHEW EVERT, Defendant…

Court: California Court of Appeals, First District, Fifth Division

Date published: Aug 3, 2007

No. A112967 (Cal. Ct. App. Aug. 3, 2007)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. NATHAN MATTHEW EVERT, Defendant and Appellant. A112967 California Court of Appeal, First District, Fifth Division August 3, 2007

NOT TO BE PUBLISHED

Sonoma County Super. Ct. No. SCR-473693

JONES, P.J.

THE COURT:

It is ordered that the opinion filed herein on July 9, 2007, be modified as follows:

1. On page 6, at the end of the third full paragraph, the following footnote is added after the final word “counsel”:

“Whether or not the court reached a final decision on Evert’s motion on December 19 as opposed to December 20, reappointment was at all times conditioned on Evert waiving time and agreeing to a continuance of the trial for a period sufficient to enable reappointed counsel to prepare. With Evert’s refusal to abide by this condition on December 20, the effect was the denial of the motion due to his rejection of its conditional terms.”

There is no change in the judgment.

The petition for rehearing is denied.