P. v. Dial

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Filed 11/19/04 Order not previously received for posting CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Glenn) ---- THE PEOPLE, C045211 Plaintiff and Respondent, (Super. Ct. No. 00CR00034) v. LARRY RAY DIAL, SR., Defendant and Appellant. ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] THE COURT: It is ordered that the opinion filed herein on November 3, 2004, be modified as follows: On page 7, after the second sentence of the first paragraph, add the following: Even though addressed to the court, the request shows that defendant sent a copy of it to the District Attorney Office [sic]. We will give defendant the benefit of the doubt and assume, without deciding, that his effort was sufficient to comply with the statute. 1 There is no change in the judgment. SIMS , Acting P.J. NICHOLSON , J. HULL , J. 2

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