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People v. Tolliver

California Court of Appeals, Second District, Fifth Division
Apr 9, 2008
No. B194480 (Cal. Ct. App. Apr. 9, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. HENRY CLARK TOLLIVER, Defendant and Appellant. B194480 California Court of Appeal, Second District, Fifth Division April 9, 2008

NOT TO BE PUBLISHED

Los Angeles County Super. Ct. No. MA029178

ORDER MODIFYING OPINION AND DENYING REHEARING PETITION

THE COURT:

TURNER, P.J. MOSK, J. KRIEGLER, J.

It is ordered that the opinion filed herein on March 19, 2008, be modified as follows: on page 8, paragraph 2, line 4, delete the text “Defendant merely denied he said the marijuana at his home was a small amount for his personal use. Defendant’s motion attached only the front page of the arrest report in question, where no such reference was made.” The following text is to be inserted in its place: “Mr. Dager’s declaration merely stated: “Said deputy asserts that the defendant admitted that the contraband obtained from a home was his. The statement was never made by the defendant.”

On page 9, line 8, delete the text “Here, Mr. Dager’s declaration did not set forth the defense he intended to pursue.” The following text is to be inserted in its place: “Here, Mr. Dager’s declaration, when viewed in conjunction with other documents, did not establish a plausible factual foundation for officer misconduct.”

On page 9, line 10, delete the text “Mr. Dager did not provide the complete police report which contained the questioned statements made by defendant.”

No change in the judgment.

The rehearing petition is denied.


Summaries of

People v. Tolliver

California Court of Appeals, Second District, Fifth Division
Apr 9, 2008
No. B194480 (Cal. Ct. App. Apr. 9, 2008)
Case details for

People v. Tolliver

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. HENRY CLARK TOLLIVER, Defendant…

Court:California Court of Appeals, Second District, Fifth Division

Date published: Apr 9, 2008

Citations

No. B194480 (Cal. Ct. App. Apr. 9, 2008)