P. v. Duran

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Filed 12/22/04 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, Plaintiff and Respondent, v. 2d Crim. No. B174703 (Super. Ct. No. 2003028093) (Ventura County) ORDER MODIFYING OPINION AND DENYING REHEARING. [No Change in Judgment] MARTHA DURAN, Defendant and Appellant. THE COURT: It is ordered that the opinion filed herein on December 1, 2004, be modified as follows: On page 3, delete the first line of the first full paragraph beginning with the word "The" and ending with the word "theory" and insert the following: The superior court granted the motion to dismiss because of insufficiency of the evidence. It did not grant the motion based on the "special statue prevailing over a general stature" theory. [There is no change in the judgment.] Appellant's petition for rehearing is denied.

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