Nettles

Filed 10/2/15 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ---

THE PEOPLE,

Plaintiff and Respondent, C073336

v. (Super. Ct. No. 97F05802)

GARYON TRACY NETTLES, ORDER MODIFYING OPINION

AND DENYING PETITION

Defendant and Appellant. FOR REHEARING

[NO CHANGE IN JUDGMENT]

THE COURT:

The opinion filed September 11, 2015, in the above cause is modified in the following respects: In the last paragraph of page six that continues to the top of page seven, change the following sentence and citation from: “The choice of verb tense is considered significant in construing a statute.” (People v. Dunckhurst (2014) 226 Cal.App.4th 1034, 1041-1042.) to read as follows: “In construing statutes, the use of verb tense . . . is

1 considered significant.” (Hughes v. Board of Architectural Examiners (1998) 17 Cal.4th 763, 776.) This modification does not change the judgment. Appellant’s petition for rehearing is denied.

/s/ , HULL, Acting P.J.

/s/ …