Defendant awaiting sentencing in California in other state is not entitled to be returned to California for sentencing.
Cite as
2004 DJDAR 14248Published
Mar. 17, 2005Filing Date
Nov. 19, 2004
THE PEOPLE,
Plaintiff and Respondent,
v.
LARRY RAY DIAL, SR.,
Defendant and Appellant.
No. C045211 (Super. Ct. No. 00CR00034) California Courts of Appeals Third Appellate District Filed November 19, 2004
ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT]
THE COURT:
It is ordered that the opinion filed herein on November 3, 2004, be modified as follows:
On page 7, after the second sentence of the first paragraph, add the following:
Even though addressed to the court, the request shows that defendant sent a copy of it to the "District Attorney Office [sic]." We will give defendant the benefit of the doubt and assume, without deciding, that his effort was sufficient to comply with the statute.
There is no change in the judgment.
SIMS, Acting P.J.
NICHOLSON, J.
HULL, J.
No. C045211 (Super. Ct. No. 00CR00034) California Courts of Appeals Third Appellate District Filed November 19, 2004
ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT]
THE COURT:
It is ordered that the opinion filed herein on November 3, 2004, be modified as follows:
On page 7, after the second sentence of the first paragraph, add the following:
Even though addressed to the court, the request shows that defendant sent a copy of it to the "District Attorney Office [sic]." We will give defendant the benefit of the doubt and assume, without deciding, that his effort was sufficient to comply with the statute.
There is no change in the judgment.
SIMS, Acting P.J.
NICHOLSON, J.
HULL, J.
#208380
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