P.

Filed 7/31/13 P. v. Zubko 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Yolo) ----

THE PEOPLE,

C070833

Plaintiff and Appellant, (Super. Ct. No. CRF111504) v.

SERGEI ZUBKO, ORDER MODIFYING

OPINION AND DENYING

Defendant and Appellant. REHEARING

THE COURT:

It is ordered that the opinion filed in this case on July 10, 2013, be modified as follows: Insert a new footnote on page 3, second full paragraph, after the second sentence ending “and to prepare an amended abstract of judgment.” The text of footnote 4 reads as follows:

1 4 Because we are directing the superior court to order that defendant’s sentence be

served in state prison, there is no need for us to address his contention that one of his probation…