Modification: People v. Turner

THE PEOPLE,

Plaintiff and Respondent,

v.

CURTIS MARQUIS TURNER,

Defendant and Appellant.

No. A147603

(Contra Costa County

Super. Ct. No. 5-151786-1)

California Courts of Appeal

First Appellate District

Division One

Filed July 27, 2017

ORDER MODIFYING OPINION

[NO CHANGE IN JUDGMENT]

BY THE COURT:

It is ordered that the opinion filed herein on July 10, 2017, be modified as follows:

1.        On page 9, first sentence, footnote 2 will be moved to between the words “Code” and “section.”

2.        On page 9, at the end of the first sentence, add as footnote 3 the following footnote, which will require renumbering of all subsequent footnotes:

³ Our record does not definitively confirm that the ammunition found in Turner’s duffel bag was Fiocchi .38 caliber Super-Auto, but the trial court and the parties, both below and on appeal, assumed that the two types of ammunition were identical. Even if they were different in some respect, it would not affect our holding.

There is no change in judgment.

Dated:

_________________________

Humes, P.J.