People v. Gaines CA1/1

Filed 6/30/14 P. v. Gaines CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, A136290

Plaintiff and Respondent, (Contra Costa County v. Super. Ct. No. 05-091305-3)

VEOLA ASALEANIA GAINES,

ORDER MODIFYING OPINION

Defendant and Appellant. AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

BY THE COURT:

It is ordered that the opinion filed herein on May 29, 2014, be modified as follows: 1. On page 22, first full paragraph, delete the second sentence, which begins, “First, defendant failed to preserve her objection . . . . ,” then delete the next sentence of that paragraph which begins “Second, while defendant’s fallback position . .…