People v. Arbacauskas

Full title: THE PEOPLE, Plaintiff and Appellant, v. TIMOTHY JOHN ARBACAUSKAS…

Court: California Court of Appeals, Third District, Sacramento

Date published: Nov 10, 2004

No. C044110 (Cal. Ct. App. Nov. 10, 2004)

Opinion

Page 1501a

123 Cal.App.4th 1501a __ Cal.Rptr.3d __ THE PEOPLE, Plaintiff and Appellant, v. TIMOTHY JOHN ARBACAUSKAS, Defendant and Respondent. C044110 California Court of Appeal, Third District, Sacramento November 19, 2004

MODIFICATION OF OPINION

THE COURT:

The opinion of this court filed October 25, 2004 (123 Cal.App.4th 502; 19 Cal.Rptr.3d 853), in the above entitled case is modified as follows:

l. On page 21 [123 Cal.App.4th 517, advance report], the title of subsection “B” should be changed to read: “Insufficiency of the Evidence to Support the Magistrate’s Findings of Fact”.

2. On page 25, 14th line down [123 Cal.App.4th 519, advance report], please insert the following so that sentence reads as follows:

“substantial evidence supporting the magistrate’s finding of fact that defendant was cultivating marijuana”.

This modification does not effect the judgment.

BLEASE, Acting P. J., SIMS, J., BUTZ, J.