Cruz-Partida

Filed 5/26/22 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, A160334

Plaintiff and Respondent, (San Mateo County v. Super. Ct. No. 16-NF-004951A)

CRISTIAN CRUZ-PARTIDA,

ORDER MODIFYING OPINION

Defendant and Appellant. AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on April 28, 2022, be modified as follows: 1. On page 5, after the second full sentence on the page that begins “At the time of the sound,” add as footnote 4 the following footnote, which will require the renumbering of all subsequent footnotes. 4 Detective Mark Kosta later testified that he measured the distance from the closed gate to the curb of the sidewalk as approximately 52 feet and the distance from the gate to the beginning of a brick area between the pathway and the sidewalk as approximately 28 feet. He did not measure the length of the brick area. 2. On page 6, delete footnote 4, which begins “We reject,” and replace it with the following footnote 5,…