Hernandez

Filed 1/12/15 (unmodified opn. attached)

CERTIFIED FOR PARTIAL PUBLICATION*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(San Joaquin) ----

THE PEOPLE, C067260

Plaintiff and Respondent, (Super. Ct. No. SF113661D)

v. MODIFICATION OF

OPINION AND DENIAL OF

JOSE ARTURO HERNANDEZ, PETITION FOR

REHEARING

Defendant and Appellant. (CHANGE IN JUDGMENT)

APPEAL from a judgment of the Superior Court of San Joaquin County, Bernard Garber, Judge. Reversed.

John Hardesty, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Stephen G. Herndon, Darren K. Indermill, Deputy Attorney General, for Plaintiff and Respondent.

* Pursuant to California Rules of Court, rules 8.1105 and 8.1110, this opinion is certified for publication with the exception of part I of the Discussion.

1

THE COURT:

The opinion of this court filed on December 11,…