P. v. McCullough CA1/3 filed

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Filed 2/17/11 P. v. McCullough CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE THE PEOPLE, A127250 Plaintiff and Respondent, (Alameda County Super. Ct. No. C153934) v. LEE ROY McCULLOUGH, ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] Defendant and Appellant. THE COURT: It is ordered that the opinion filed herein on January 31, 2011 be modified as follows: On page 4, first sentence of the second full paragraph, delete the number 60 and insert the number 40, so the sentence reads: Here, the trial court awarded McCullough 40 days of actual presentence custody credit and 20 days of presentence conduct credit. There is no change in the judgment. DATED: ________________ _________________________________ McGuiness, P.J. 1

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