Opinion
NOT TO BE PUBLISHED
Los Angeles County Super. Ct. No. MA029178
ORDER MODIFYING OPINION AND DENYING REHEARING PETITION
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.