Varner

Filed 10/4/16 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, E063389

Plaintiff and Respondent, (Super.Ct.No. FVI1402682)

v. ORDER MODIFYING OPINION

AND DENIAL OF PETITION

JAMES RUBIN VARNER FOR REHEARING

Defendant and Appellant. [NO CHANGE IN JUDGMENT]

Appellant’s petition for rehearing filed September 26, 2016, is denied. The

opinion filed in this matter on September 15, 2016, is modified as follows:

1. On page 4, footnote No. 2 is modified to read as follows:

“California Rules of Court, rule 8.1115(e)(1) was amended effective July 1, 2016,

to provide as follows: “Pending review and filing of the Supreme Court’s opinion, unless

otherwise ordered by the Supreme Court under (3), a published opinion of a Court of

Appeal in the matter has no binding or precedential effect, and may be cited for

potentially persuasive value only. Any citation to the Court of Appeal opinion must…