Opinion
B236417
12-19-2012
THE PEOPLE, Plaintiff and Respondent, v. CEBERINO MARQUEZ PEREZ, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. BA370983)
ORDER MODIFYING OPINION
[NO CHANGE IN JUDGMENT]
THE COURT:
It is ordered that the opinion filed herein on November 29, 2012, be modified as follows:
1. On page 22, footnote 8 under the heading "VII. Instructional error" is deleted.
2. On page 22, line 16, after the last sentence of the first full paragraph, ending "social worker's testimony was harmless," add as footnote 8 the following footnote:
"Although respondent argues that defendant forfeited this issue on appeal, it was not. Defense counsel's argument that the evidence was a "prior statement" was sufficient to preserve the issue for appeal.[There is no change in the judgment.]