People v. Soper

Full title: THE PEOPLE, Plaintiff and Respondent, v. JAMES DANIEL SOPER, Defendant and…

Court: Court of Appeal of California

Date published: May 7, 2007

D047875 (Cal. Ct. App. May. 7, 2007)

Opinion

D047875

5-7-2007

THE PEOPLE, Plaintiff and Respondent, v. JAMES DANIEL SOPER, Defendant and Appellant.

NOT TO BE PUBLISHED

McConnell

THE COURT:

The Peoples petition for rehearing is denied.

It is ordered that the opinion filed herein on April 10, 2007, is modified as follows:

1. On Page 13, at the end of the second paragraph after the citation "(Id. at p. 1315)," the following sentence is added:

We consider the record before the trial court at the time of the motion. (People v. Valdez (2004) 32 Cal.4th 73, 120.)

2. On page 20, in the first paragraph, line 2, the words "for the jury" are deleted.

3. On page 20, in the first paragraph, line 3, the words "at trial" are replaced with the words "in this case."

4. On page 20, in the last sentence of the first paragraph, the word "entire" is replaced with "primary," and the words "at trial" are deleted.

There is no change in the judgment.