Ortega

Filed 8/26/13

CERTIFIED FOR PARTIAL PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E054882

v. (Super.Ct.No. RIF105398)

ENRIQUE ORTEGA, ORDER MODIFYING OPINION

Defendant and Appellant. [NO CHANGE IN JUDGMENT]

THE COURT

It is ordered that the opinion filed herein on August 21, 2013, be modified as

follows. The third full sentence on page 16 is modified to add the word “not” before the

word “allege” so the sentence reads as follows:

The court held that the amended pleadings did not allege the “same conduct” as the

original pleading and therefore did not relate back. Except for this modification, the opinion remains unchanged. This modification

does not effect a change in judgment.

CERTIFIED FOR PARTIAL PUBLICATION

RICHLI

J. We concur:

HOLLENHORST

Acting P. J.

McKINSTER J.