People v. Moreno

Full title: THE PEOPLE, Plaintiff and Respondent, v. HUMBERTO ORTEGA MORENO, Defendant…

Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

Date published: Oct 1, 2012

E052599 (Cal. Ct. App. Oct. 1, 2012)

Opinion

E052599

10-01-2012

THE PEOPLE, Plaintiff and Respondent, v. HUMBERTO ORTEGA MORENO, Defendant and Appellant.

RAMIREZ

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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.

(Super.Ct.No. RIF149279)

ORDER MODIFYING OPINION

[NO CHANGE IN JUDGMENT]

The unpublished opinion filed in this matter on September 28, 2012, is modified as follows:

On page 2, the second paragraph should read:

"On appeal, defendant argues that (a) there is insufficient evidence of duress to support the convictions for violations of section 288, subdivision (b)(1) in counts 1 and 2, and (b) the sentence under the one-strike (§ 667.61, subd. (e)(5)) violates ex post facto principles. We affirm."

Except for this modification, the opinion remains unchanged. This modification does not effect a change in the judgment.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAMIREZ

P. J.
We concur: RICHLI

J.
CODRINGTON

J.