P. v. Wagner 8/14/09 CA4/2

State: California

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

Docket No: E047167M

Case Date: 10/01/2009

Preview:Filed 8/14/09

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Appellant, v. TONY ROBIN WAGNER, Defendant and Respondent. E047167 (Super.Ct.No. SWF015764) ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT]

THE COURT It is ordered that the opinion filed here on July 21, 2009, be modified as follows: The second sentence in the last paragraph on page 26 and continuing on page 27 is modified to read: Rather than refile the case, they appealed the first dismissal; they did not file a petition for writ of mandate attacking the dismissal, which would not have foreclosed their right to refile. Except for this modification, the opinion remains unchanged. This modification does not effect a change in judgment. CERTIFIED FOR PUBLICATION RICHLI Acting P.J. We concur: GAUT J. MILLER J.

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