People v. Garcia CA6

Filed 4/16/15 P. v. Garcia CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H040077

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1242134)

v. ORDER MODIFYING OPINION AND

DENYING REHEARING

MARLON IVAN CHAVEZ GARCIA,

[NO CHANGE IN JUDGMENT] Defendant and Appellant.

THE COURT:

The above captioned opinion, filed on March 26, 2015, is hereby modified as follows: On page 16 of the opinion, at the end of Section II.A.4., insert the following paragraph:

Defendant further argues that the waiver required by section 1203.067(b)(4) infringes upon his statutory psychotherapist-patient privilege under Evidence Code section 1014. To the extent the…