P. v. Miller
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Filed 7/16/08 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR THE PEOPLE, B201134 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA069100) v. ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING [NO CHANGE IN JUDGMENT] VICKI LYNN MILLER, Defendant and Appellant. THE COURT:* It is ordered that the petition for rehearing, filed by appellants on July 14, 2008, is denied; and that the opinion filed herein on July 2, 2008, be modified as follows: At page 4, lines 7-8, the phrase the fire department insignia and his name is omitted and the phrase Long Beach Fire Department rescue markings is inserted in its place. At page 12, line 3, the word did is omitted. At page 12, line 21, after the word retrial, the following footnote is added: That the jury convicted appellant of the evading charge does not alter our conclusion concerning prejudice. As respondent contends, the jury necessarily found that at some point in her drive along the bicycle path, appellant perceived 1 what appeared to be a pursuing peace officer s vehicle and willfully fled with the intent to elude it. It does not necessarily follow, however, that her mental state was the same at the time of the assault. The jury s concern about the evidence of changes in her awareness or mental state at different points in time was clear from its inquiry of the court. All subsequent footnotes are renumbered. At page 19, line 4, the word indeterminate is deleted and the word determinate is inserted in its place. There is no change in the judgment. __________________________________________________________________ *EPSTEIN, P. J. MANELLA, J. WILLHITE, J. 2
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