People v. Konepachit CA3

Filed 10/22/14 P. v. Konepachit CA3 NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C075412

Plaintiff and Respondent, (Super. Ct. No. 13F03312)

v. ORDER MODIFYING OPINION; NO CHANGE IN DAVID KONEPACHIT, JUDGMENT

Defendant and Appellant.

THE COURT: It is ordered that the opinion filed in this case on September 24, 2014, be modified as follows: Page 6, second paragraph, first sentence, replace the word “defendant” with “Brown,” so that the sentence reads: But Brown told the officer the men resumed beating him after one of them went through his pockets.

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Page 6, second paragraph, third sentence, replace the word “defendant” with “Brown,” so that the sentence reads: Beating Brown after the property was taken could reasonably be construed as part of the robbery: an attempt to help the assailants escape before Brown could respond. Page 6, fourth paragraph, first sentence, replace the word “reasonably” with “reasonable” so that the sentence reads: In reviewing for sufficiency of the evidence, we must make every reasonable inference in support of the conviction. This modification does not change the judgment.

FOR THE COURT:

BLEASE , Acting P. J.

ROBIE , J.

MAURO , J.

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Filed 9/24/14 (unmodified version) NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.