Opinion
B240980
02-28-2013
THE PEOPLE, Plaintiff and Respondent, v. TIFFANY DANIELL MOORER, Defendant and Appellant.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. TA122455)
ORDER MODIFYING OPINION
AND DENYING REHEARING
[NO CHANGE IN JUDGMENT]
THE COURT:
It is ordered that the opinion filed herein on February 15, 2013, be modified as follows:
1. After the first sentence in the second full paragraph on page 4, i.e., after the sentence ending "appellant had a weapon," add as footnote 3 the following footnote, which will require renumbering of all subsequent
Johnson's testimony was as follows: "[Defense Counsel:] Q You stated you did a pat down search on her for weapons; is that right? [¶] A Yes. [¶] Q Is that just something you do routinely, is pat down for weapons? [¶] A Yes. [¶] Q There was nothing else indicating that she had a weapon; is that correct? [¶] A Correct."
As appellant indicates, Johnson's testimony on this issue (see fn. 3, ante)suggests Johnson routinely conducted patdown searches absent reason to believe a defendant was armed and dangerous. However, that testimony was ambiguous and reasonably may be construed as indicating a patdown for weapons was just something Johnson routinely did, without her indicating she did so routinely absent reason to believe a defendant was armed and dangerous.
2. After the last sentence in the third full paragraph on page 10, i.e., after the sentence that ends "Johnson never so testified," add as footnote 6 the following footnote:
There is no change in the judgment.
Appellant's petition for rehearing is denied.