Opinion
Page 1436a
178 Cal.App.4th 1436a __ Cal.Rptr.3d__ THE PEOPLE, Plaintiff and Respondent, v. JOSE KELLY MUNOZ, Defendant and Appellant. C058521 California Court of Appeal, Third District, Colusa November 6, 2009Super. Ct. No. CR48644
ORDER MODIFYING OPINION
THE COURT:
Respondent’s request to modify this court’s opinion is granted. It is ordered that the opinion filed herein on October 13, 2009 (178 Cal.App.4th 468; __Cal.Rptr.3d__ ), be modified as follows:
On page 14, in the unpublished portion of the typewritten opinion [178 Cal.App.4th 473, advance report, unpublished portion of opinion], delete the entire paragraph beginning “We have searched defendant’s supplemental brief in vain for any contention” and replace it with the following paragraph: “In his application for leave to file a supplemental opening brief, defendant had indicated he would argue that his trial counsel had been ineffective for having failed to request a jury instruction on the lesser included offense. However, the supplemental brief ultimately filed by defendant contains no such argument. We thus have no occasion to consider it.”
This modification makes no change in the judgment.