City of Bell v. Super. Ct.

Filed 10/9/13 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

CITY OF BELL, B247362

Petitioner, (Los Angeles County Super. Ct. No. BC445497) v.

ORDER MODIFYING OPINION

SUPERIOR COURT OF THE [NO CHANGE IN JUDGMENT]

STATE OF CALIFORNIA, COUNTY OF

LOS ANGELES,

Respondent;

ROBERT A. RIZZO,

Real Party in Interest.

BY THE COURT:

It is ordered that the opinion filed herein on October 4, 2013, is modified as

follows:

(1) On page 5, line 2, sentence beginning ―a public record (Gov.

Code . . . ) . . . misappropriation of public funds.‖ Please add a footnote at end of

sentence which reads: This court takes judicial notice (Evid. Code, § 452, subds. (d) & (g)) that,

on October 3, 2013, Rizzo entered a plea of nolo contendere to each count

alleged in the three criminal proceedings. It appears that, at some point

prior to Rizzo‘s plea, the second criminal complaint was amended to

charge one count of conflict of interest and six counts of perjury

(Pen. Code, § 118,…