P. v. Avila

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Filed 8/12/09 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) v. ) ) JOSEPH AVILA, ) ) Defendant and Appellant. ) ___________________________________ ) S078664 Riverside County Super. Ct. No. CR-65127 MODIFICATION OF OPINION THE COURT: The opinion filed June 15, 2009, and published at 46 Cal.4th 680, is modified in the following respects: On page 695, the second full paragraph is deleted. The first sentence of the following paragraph is modified to read as follows: We find no abuse of discretion. These modifications do not affect the judgment.

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