P. v. Munoz

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Filed 11/6/09 CERTIFIED FOR PARTIAL PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Colusa) ---- THE PEOPLE, Plaintiff and Respondent, C058521 v. (Super. Ct. No. CR48644) JOSE KELLY MUNOZ, Defendant and Appellant. ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] THE COURT: Respondent s request to modify this court s opinion is granted. It is ordered that the opinion filed herein on October 13, 2009, be modified as follows: On page 14, in the unpublished portion of the typewritten opinion, delete the entire paragraph beginning We have searched defendant s supplemental brief in vain for any contention and replace it with the following paragraph: In his application for leave to file a supplemental opening brief, defendant had indicated he would argue that his trial counsel had been ineffective for having failed to request a jury instruction on the lesser included offense. However, the supplemental brief 1 ultimately filed by defendant contains no such argument. thus have no occasion to consider it. This modification makes no change in the judgment. BY THE COURT: SIMS , Acting P. J. RAYE , J. CANTIL-SAKAUYE , J. 2 We

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