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People v. Martinez

California Court of Appeals, Second District, First Division
Apr 1, 2010
No. B215049 (Cal. Ct. App. Apr. 1, 2010)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. GABRIEL MARTINEZ, Defendant and Appellant. B215049 California Court of Appeal, Second District, First Division April 1, 2010

NOT TO BE PUBLISHED

Los Angeles County Super. Ct. No. NA078873.

ORDER MODIFYING OPINION AND DENYING REHEARING

It is ordered that the opinion filed herein March 10, 2010, be modified as follows:

1. On page 4, in the next to last sentence of the paragraph preceding the Disposition, the words “on appeal” are to be inserted between “The record” and “does not” so that the sentence reads:

The record on appeal does not indicate that Appellant raised any claim

regarding the calculation of presentence custody credits in the trial court.

2. At the end of the same sentence referenced in number 1 above, add as footnote 2 the following:

On March 2, 2010, we received a courtesy copy of a document filed in the trial court, indicating that Appellant has moved for modification of his sentencing credits; however, this issue is not before us at this time.

3. On page 4, in the last sentence of the paragraph preceding the Disposition, insert the word “this” between the words “on” and “appeal” so that the sentence reads:

Thus, any issue regarding the amendment of Penal Code section 4019 is not cognizable on this appeal.

Appellant’s petition for rehearing is denied.

MALLANO, P. J., CHANEY, J., JOHNSON, J.


Summaries of

People v. Martinez

California Court of Appeals, Second District, First Division
Apr 1, 2010
No. B215049 (Cal. Ct. App. Apr. 1, 2010)
Case details for

People v. Martinez

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. GABRIEL MARTINEZ, Defendant and…

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

Date published: Apr 1, 2010

Citations

No. B215049 (Cal. Ct. App. Apr. 1, 2010)