People v. Rodriguez CA5

Filed 10/30/23 P. v. Rodriguez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F085872 Plaintiff and Respondent, (Fresno Super. Ct. No. F17902593) v. ORDER MODIFYING OPINION JOSE ENRIQUE RODRIGUEZ, AND DENYING REHEARING [No Change in Judgment] Defendant and Appellant.

THE COURT: It is ordered that the opinion filed herein on October 12, 2023, be modified as follows: On page 5, the second full paragraph under the heading “Discussion” is deleted and the following paragraph is inserted in its place: After a thorough independent review of the record, we agree with defendant’s appellate counsel there are no reasonably arguable factual or legal issues in this case. There is no change in the judgment. Except for the modification set forth, the opinion previously filed remains unchanged. The petition for rehearing is denied.

FRANSON, Acting P. J. WE CONCUR:

PEÑA, J.

SNAUFFER, J.

Filed 10/12/23 P. v. Rodriguez CA5 (unmodified opinion)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F085872 Plaintiff and Respondent, (Super. Ct. No. F17902593) v.

JOSE ENRIQUE RODRIGUEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Jonathan B. Conklin, Judge.

Allen G. Weinberg, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-