P. v. Curry

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Filed 1/22/08 CERTIFIED FOR PUBLICATION COPY IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ---- THE PEOPLE, C052801 Plaintiff and Respondent, (Super. Ct. No. 05F00798) v. ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] DWAYNE MICHAEL CURRY et al., Defendants and Appellants. APPEAL from a judgment of the Superior Court of Sacramento County, Cheryl Meegan, J. Affirmed. Rebecca P. Jones, under appointment by the Court of Appeal, for Defendant and Appellant Titenesha Russell; Hilda Scheib, under appointment by the Court of Appeal, for Defendant and Appellant Terry Buford; Janice M. Lagerlof, under appointment by the Court of Appeal, for Defendant and Appellant Dwayne Curry. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Daniel B. Bernstein, Deputy Attorney General, for Plaintiff and Respondent. THE COURT: It is ordered that the opinion filed herein on December 31, 2007, be modified as follows: 1 1. On page 6, lines 4 and 5 of the third full paragraph, the word cross-examination is deleted, and the words redirect examination are inserted in its place. 2. On page 6, lines 5 and 6 of the third full paragraph, the phrase Buford brought up the money while she and Curry were going through her clothes is deleted, and the phrase Buford and Curry were looking for the $700 when Curry pulled L.R. s clothes off. 3. On page 14, line 1 of the second full paragraph, the first word Russell is deleted and the word Boone is inserted in its place. 4. On page 14, line 1 of the second full paragraph, the word cross-examination is deleted and the words redirect examination are inserted in its place. 5. On page 14, lines 1 and 2 of the second full paragraph and continuing to page 15, the phrase Buford mentioned the $700 when she and Curry were going through L.R. s clothing at the park is deleted, and the phrase Buford and Curry were looking for the $700 when Curry pulled L.R. s clothes off at the park is inserted in its place. 2 This modification does not constitute a change in the judgment. Appellant Russell s petition for rehearing is denied. SIMS , Acting P.J. HULL , J. CANTIL-SAKAUYE , J. 3

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