P. v. Callahan

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Filed 12/16/04 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, Plaintiff and Appellant, v. 2d Crim. No. B167543 (Super. Ct. No. 2002007733) (Ventura County) ORDER MODIFYING OPINION AND DENYING REHEARING BRIDGET MARIE CALLAHAN, [NO CHANGE IN JUDGMENT] Defendant and Respondent. THE COURT: It is ordered that the opinion filed herein on November 18, 2004, be modified as follows: On page 18, the last full sentence beginning "Finally, the People's contention that counsel was not ineffective for failing to call Callahan to testify . . ." is deleted and replaced with the following: Finally, the People's contention that counsel was not ineffective for failing to call Callahan to testify is premised in large part on a factual assertion that is not supported by the record. There is no change in the judgment. Appellant's petition for rehearing is denied.

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