P. v. Higgins

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Filed 1/21/11 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, D055649 Plaintiff and Respondent, (Super. Ct. No. SCD212359) v. ORDER MODIFYING OPINION RAYMOND HIGGINS, [No Change in Judgment] Defendant and Appellant. THE COURT: It is ordered that the opinion filed herein on January 13, 2011, be modified as follows: 1. On page 11, the entire text of footnote 2 is deleted, and new text is inserted, to read: A "reasonable probability" means " 'merely a reasonable chance, more than an abstract possibility.' [Citation.]" (People v. Racy (2007) 148 Cal.App.4th 1327, 1335.) 2. On page 36, the sentence in the fourth line of the first paragraph, beginning with "Again, in this context . . . " is deleted, and is replaced with a new sentence, to read: Again, in this context, "reasonable probability" means " 'merely a reasonable chance, more than an abstract possibility.' [Citation.]" (People v. Racy, supra, 148 Cal.App.4th at p. 1335.) There is no change in judgment. NARES, Acting P. J. Copies to: All parties 2

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