P. v. Stone

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Filed 10/28/04 CERTIFIED FOR PARTIAL PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO THE PEOPLE, B169504 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA026323) v. MONTI KIRK STONE, ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] Defendant and Appellant. THE COURT: It is ordered that the opinion filed herein on October 19, 2004, be modified as follows: 1. On page 20, the first paragraph, after the sentence ending with for obtaining such an order, add as footnote 11 the following footnote, which will require renumbering of all subsequent footnotes: 11 Section 136.2 does authorize a restraining order issued pursuant to Family Code section 6320 which provides various procedural guidelines for its issuance. We do not opine as to the applicability of some or all of those guidelines to the other restraining orders authorized by section 136.2 2. On page 21, at the end of the fourth paragraph, add as footnote 13, the following footnote: 13 We have not been called upon to consider what procedures are applicable for the issuance of a restraining order pursuant to section 136.2, or whether those procedures comport with due process, and we therefore render no opinion on these issues. There is no change in the judgment.

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