People v. Smith

Full title: THE PEOPLE, Plaintiff and Respondent, v. CRAIG SMITH, Defendant and…

Court: California Court of Appeals, Sixth District

Date published: Jan 5, 2009

No. H032602 (Cal. Ct. App. Jan. 5, 2009)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. CRAIG SMITH, Defendant and Appellant. H032602 California Court of Appeal, Sixth District January 5, 2009

NOT TO BE PUBLISHED

Santa Clara County Super. Ct. No. CC074566

ORDER MODIFYING OPINION

RUSHING, P.J.

BY THE COURT:

It is ordered that the opinion filed here on December 8, 2008, be modified as follows:

1. On page 4, line one the words “comes from” are deleted so the sentence starting on page 3 reads as follows:

According to defendant the fact that the trial court did not order him to complete formal probation provides further evidence that he was convicted of a misdemeanor.

There is no change in the judgment.

WE CONCUR: PREMO, J., ELIA, J.