Opinion
NOT TO BE PUBLISHED
Monterey County Super. Ct. No. SS011320
ORDER MODIFYING OPINION AND DENYING REHEARING NO CHANGE IN THE JUDGMENT
McAdams, J.
It is ordered that the opinion filed herein on December 28, 2007, be modified as follows.
On page 8, the following language is deleted:
Furthermore, as noted above, the record on appeal establishes that, prior to the probation revocation hearing, defendant and his counsel were given notice that the prosecutor intended to proceed to hearing on the ground that defendant had illegally re-entered the United States, without specifying a date. Asked specifically if he had any objection to proceeding on the bases proposed by the prosecutor, defense counsel said he did not. “Objections not presented to the trial court cannot be raised for the first time on appeal.” (In re Michael L. (1985) 39 Cal.3d 81, 88.) The hyper-technical point raised by defendant on appeal was never argued to the trial court, and was therefore waived. [¶] We reject defendant’s claim on the merits.
There is no change in the judgment.
The petition for rehearing is denied.
Mihara, P.J. Duffy, J.