P. v. Solorzano

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Filed 8/15/07 CERTIFIED FOR PARTIAL PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, F049842 Plaintiff and Respondent, (Super. Ct. No. BF100489A) v. JOSÃ L. SOLÃ RZANO, MODIFICATION OF OPINION [NO CHANGE IN JUDGMENT] Defendant and Appellant. THE COURT: It is ordered that the opinion herein filed on July 27, 2007, be modified as follows: On page 10, delete all of footnote 5 and insert the following in its place: 5 The Bench Notes to CALCRIM No. 376 cite People v. Clark (1953) 122 Cal.App.2d 342, 346, and People v. Smith (1950) 98 Cal.App.2d 723, 730 as authority for that proposition. (Bench Note to CALCRIM No. 376 (2006-2007) p. 168; but see People v. Najera (2006) 135 Cal.App.4th 1125, 1130, review granted April 26, 2006, S141654). This modification does not effect a change in the judgment. _____________________ Gomes, J. WE CONCUR: _____________________ Wiseman, Acting P.J. _____________________ Hill, J.

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