People v. Hart CA4/3

Filed 7/10/14 P. v. Hart CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G047156

v. (Super. Ct. No. 05CF3395)

OTIS DANDRE HART, ORDER MODIFYING OPINION

AND DENYING REHEARING;

Defendant and Appellant. NO CHANGE IN JUDGMENT It is ordered that the opinion filed herein on June 25, 2014, be modified as follows: On page 5, the second sentence of the first full paragraph, beginning “Therefore, it matters not whether” is deleted and the following sentence is inserted in its place: Therefore, it matters not whether, as defendant asserts, the court could not have considered the…