P. v. Anzalone

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Filed 8/14/06 CERTIFIED FOR PARTIAL PUBLICATION1 COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, D044138 Plaintiff and Respondent, v. SCOTT C. ANZALONE, (Super. Ct. No. SCN155182 [NO CHANGE IN JUDGMENT] Defendant and Appellant. THE COURT: The opinion filed July 13, 2006, is modified as follows: At DISCUSSION C 3 second to last paragraph beginning with "Thus, while" and ending with "is waived" (slip opn. p. 19), replace the two words "misconduct" with the words "error" 1 Pursuant to California Rules of Court, rule 976.1, this opinion is certified for publication with the exception of DISCUSSION A. Instruction on Other Crimes Evidence, B. Prosecutorial Misconduct, D. 3. Ineffective Assistance During Defense Argument, D. 4. Ineffective Assistance During Investigation, and E. Sentencing. At DISCUSSION D 2 c first paragraph beginning with "Appellant argues" and ending with "murder counts" (slip opn. p. 22), replace the word "misconduct" with the word "error" The petition for rehearing is denied. There is no change in the judgment. BENKE, Acting P. J. Copies to: All parties 2

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