P. v. Branner 1/11/10 CA3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: C059288M

Case Date: 03/11/2010

Preview:Filed 1/11/10

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C059288 Plaintiff and Respondent, v. JASPER DWIGHT BRANNER, Defendant and Appellant. (Super.Ct.No. 04F11213) ORDER MODIFYING OPINION AND DENYING REHEARING; NO CHANGE IN JUDGMENT

THE COURT: It is ordered that the opinion filed in this case on December 17, 2009, be modified as follows: On page 4, lines 9-10, delete the words "there was probable cause" and substitute the words "it was reasonable" so that the lines read: Today, the search and seizure are deemed unlawful, unless it was reasonable to believe the car contained evidence of the offense

1

This modification does not change the judgment. The petition for rehearing is denied.

FOR THE COURT:

SCOTLAND

, P. J.

NICHOLSON

, J.

ROBIE

, J.

2

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