People v. Kelley

Full title: THE PEOPLE, Plaintiff and Respondent, v. DEREK KELLEY et al., Defendants…

Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

Date published: Aug 10, 2011

B219280 (Cal. Ct. App. Aug. 10, 2011)

Opinion

B219280

08-10-2011

THE PEOPLE, Plaintiff and Respondent, v. DEREK KELLEY et al., Defendants and Appellants.

RUBIN.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. TA105990)

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING [There is a change in the judgment]

GOOD CAUSE appearing, the opinion filed July 14, 2011, in the above entitled matter is hereby modified as follows:

1. On the first page, on the second line, after "Affirmed" add the words: in part; reversed in part.
2. On page 2, on line 9, delete the words "We affirm" and in its stead insert: We reverse the attorney fee award and otherwise affirm.
3. On page 17, under the Disposition, delete the words "The judgment is affirmed" and in its stead insert:

The judgment is reversed as to the $8,674.06 attorney fee award. In all other respects, the judgment is affirmed.

Appellant Derek Kelley's petition for rehearing is denied.
There is a change in the judgment.

RUBIN, Acting P. J.

FLIER, J.

GRIMES, J.