P. v. Rae

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Filed 10/9/02 CERTIFIED FOR PARTIAL PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE THE PEOPLE, Plaintiff and Respondent, v. NICHOLAS HAYES RAE, Defendant and Appellant. A095637 (Napa County Super. Ct. No. CR102579) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] THE COURT: The opinion filed September 19, 2002 is modified as follows: In Section IV, on page 19, the sentence that reads Like the court in Manis we consider defendant s argument here frivolous in the factual context of this case, and we reject it is deleted. The following sentence is inserted in its place: Like the court in Manis, we reject the consent argument. Respondent s petition for rehearing filed October 2, 2002 is denied. The modification does not affect the judgment. Dated: ____________________ ___________________________ Jones, P.J.

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