Modification: People v. Montiel

THE PEOPLE,

Plaintiff and Respondent,

v.

CARLOS HUGO MONTIEL,

Defendant and Appellant.

No. A150250

(Napa County

Super. Ct. No. CR175311)

California Courts of Appeal

First Appellate District

Division One

Filed June 17, 2019

BY THE COURT:

The opinion filed on May 16, 2019, shall be modified so that the last sentence of the first full paragraph on page 8 is changed to:

Furthermore, the jury was instructed that Dr. Urquiza's testimony was "not evidence that [Montiel] committed any of the crimes charged against him," and although the prosecutor mentioned in closing argument that false allegations in these cases are very rare, the prosecutor did not otherwise elaborate on or emphasize the point.

There is no change in judgment. Rehearing is denied.

Date: ____________________

_________________________Acting P.J.