People v. Gutkowski

Full title: THE PEOPLE, Plaintiff and Respondent, v. CHESTER EDWARD GUTKOWSKI…

Court: California Court of Appeals, Sixth District

Date published: Dec 29, 2009

No. H033481 (Cal. Ct. App. Dec. 29, 2009)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. CHESTER EDWARD GUTKOWSKI, Defendant and Appellant. H033481 California Court of Appeal, Sixth District December 29, 2009

NOT TO BE PUBLISHED

Santa Clara County Super. Ct. No. EE706010.

ORDER MODIFYING OPINION AND DENYING REHEARING

RUSHING, P.J.

THE COURT:

It is ordered that the opinion filed herein on December 3, 2009, be modified as follows:

1. On page 9, the first sentence of the second full paragraph, beginning with “In these circumstances” is deleted and the following sentence is inserted in its place.

In these circumstances, there is not a reasonable probability that but for the introduction of evidence of defendant’s silence after his arrest the result of the proceeding would have been different.[2]

There is no change in judgment.

Appellant’s petition for rehearing is denied.

WE CONCUR: PREMO, J., ELIA, J.