People v. Kong CA1/4

Filed 7/8/15 P. v. Kong 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE,

Plaintiff and Respondent,

A139905

v. KENNY KONG, (San Mateo County Super. Ct. No. SC074510A) Defendant and Appellant.

THE COURT:

The written opinion filed on June 18, 2015 is modified as follows:

In the first full paragraph on page 12 of the opinion, the sentence that reads, “As the Attorney General explains, however, defendant has not cited any federal case in which the court’s consideration of defendant’s lack of remorse in denying probation was found to violate the Fifth Amendment,” is modified by adding a new footnote at the end of that sentence reading:

In a petition for rehearing, defendant, relying on Minnesota v. Murphy (1984) 465 U.S. 420…