People v. Munoz (2002)

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[No. H023511. Sixth Dist. Oct. 4, 2002.]

THE PEOPLE, Plaintiff and Respondent, v. UBALDO VAZQUEZ MUNOZ, Defendant and Appellant.

[Modification of opinion (102 Cal.App.4th 12) on denial of petition for rehearing.]

THE COURT.- fn. *

It is ordered that the opinion filed herein on September 13, 2002, be modified as follows:

On page 10 under the DISPOSITION [102 Cal. App. 4th 20, advance report] replace the entire section with the following: "The judgment is reversed and remanded to the trial court to enter a judgment of a misdemeanor violation of Vehicle Code section 23152, subdivision (b), and for resentencing."

The petition for rehearing is denied.

There is no change in the judgment.

FN *. Before Elia, Acting P. J., and Wunderlich, J.

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