Modification: People v. Rosas

THE PEOPLE,

Plaintiff and Respondent,

v.

LUCIO SEDENO ROSAS,

Defendant and Appellant.

2d Crim. No. B295921

(Super. Ct. No. 2017023660)

(Ventura County)

California Courts of Appeal

Second Appellate District

Division Six

Filed July 7, 2020

Bruce A. Young, Judge

Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra, Attorney General, Lance E. Winters, Senior Assistant Attorney General, Noah P. Hill and Nicholas J. Webster, Deputy Attorneys General, for Plaintiff and Respondent.

THE COURT:

The opinion filed in this matter on June 8, 2020, is modified as follows:

1. On page 13, the first full paragraph beginning "Aside from being forfeited," is deleted.

2. On page 13, in the second paragraph, the first sentence beginning "In any event" is deleted and replaced with the following:

Even assuming that this theory is properly raised for the first time on appeal, the record does not support a finding that Officer Coronel had reasonable suspicion to search under the blanket for weapons.

3. On the last page, counsel for appellant is modified to state:

Richard B. Lennon, Emma Gunderson, under appointment by the Court of Appeal, for Defendant and Appellant.

These modifications do not change the judgment.

Respondent's petition for rehearing is denied.