P. v. Perez 11/21/02 CA4/3

State: California

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

Docket No: G028325M

Case Date: 11/21/2002

Preview:Filed 11/21/02

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE THE PEOPLE, Plaintiff and Respondent, v. GERARDO PEREZ Defendant and Appellant. G028325 (Super. Ct. No. SA00CF2039) ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING; NO CHANGE IN JUDGMENT

IT IS ORDERED that the published opinion filed on October 29, 2002, be modified as follows: 1. On the caption page, delete the second sentence in the first full paragraph and replace it with the following sentence: Affirmed in part, reversed in part, and remanded. 2. On page 2, delete the final sentence of the third full paragraph and replace it with the following sentence: Thus, the judgment is reversed as to count one and the cause remanded for a new trial.

3. On page 7, delete the last full sentence of the page, under the heading "DISPOSITION," and replace it with the following sentence: The judgment is reversed as to count one and the cause remanded for a new trial. In all other respects, the judgment is affirmed. The petition for rehearing is DENIED. This modification does not effect a change in the judgment. MOORE, J. WE CONCUR: SILLS, P.J. O'LEARY, J.

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