Barriga v. Super. Ct.

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Filed 6/7/12 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) ---- OCTAVIO BARRIGA, C068063 Petitioner, (Super. Ct. No. SF116624A) v. MODIFICATION OF OPINION THE SUPERIOR COURT OF SAN JOAQUIN COUNTY, (CHANGE IN JUDGMENT) Respondent; THE PEOPLE, Real Parties in Interest. ORIGINAL PROCEEDING, William D. Johnson, Judge. for writ of prohibition granted. Petition Harry E. Hudson, Jr., for Petitioner. No appearance for Respondent. Kamala D. Harris, Attorney General, Michael P. Farrell, Senior Assistant Attorney General, R. Todd Marshall and A. Kay Lauterbach, Deputies Attorney General, for Real Party in Interest. THE COURT: The opinion of this court filed May 30, 2012, in the above entitled case is modified as follows: 1 On page 16, delete the paragraph immediately following the heading DISPOSITION and insert the following paragraph in its place: The petition is granted. Let a peremptory writ of prohibition issue directing the respondent court to refrain from any further proceedings against petitioner Octavio Barriga in San Joaquin Superior Court Case no. SF116624A. recover his costs in this proceeding. Barriga shall (Cal. Rules of Court, rule 8.493(a).) On page 16, replace Justice Raye with Justice Robie as the author of the opinion. This modification affects the judgment. BLEASE , Acting P. J. HULL , J. ROBIE , J. 2

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