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People v. Smithley

California Court of Appeals, Fourth District, Third Division
Feb 17, 2011
No. G042386 (Cal. Ct. App. Feb. 17, 2011)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. JERRY LEE SMITHLEY, Defendant and Appellant. G042386 California Court of Appeal, Fourth District, Third Division February 17, 2011

NOT TO BE PUBLISHED

Super. Ct. No. 05WF1500

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING; NO CHANGE IN JUDGMENT

FYBEL, J.

It is ordered that the opinion filed herein on January 21, 2011, be modified as follows:

On page 22, in the second paragraph beginning “Smithley argues, ” delete the entire first sentence and replace it with the following sentence:

Smithley argues Penal Code section 803, former subdivision (g) does not only apply to extending the statute of limitations, but also governs which acts of lewd conduct may be punished after the statute of limitations has expired.

This modification does not effect a change in the judgment. The petition for rehearing is DENIED.

WE CONCUR: RYLAARSDAM, ACTING P. J., BEDSWORTH, J.


Summaries of

People v. Smithley

California Court of Appeals, Fourth District, Third Division
Feb 17, 2011
No. G042386 (Cal. Ct. App. Feb. 17, 2011)
Case details for

People v. Smithley

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JERRY LEE SMITHLEY, Defendant and…

Court:California Court of Appeals, Fourth District, Third Division

Date published: Feb 17, 2011

Citations

No. G042386 (Cal. Ct. App. Feb. 17, 2011)