Ruling by
Manuel A. RamirezLower Court
Riverside County Superior CourtLower Court Judge
Judith ClarkTrial court's dismissal of second petition seeking vacatur of murder conviction was appropriate where appeal of the original petition was still pending.
Court
California Courts of Appeal 4DCA/2Cite as
2023 DJDAR 1001Published
Feb. 6, 2023Filing Date
Feb. 2, 2023Opinion Type
ModificationDisposition Type
AffirmedCase Fully Briefed
Oct. 4, 2022THE PEOPLE,
Plaintiff and Respondent,
v.
ROBERT WILLIAM CRESS,
Defendant and Appellant.
No. E079484
(Super.Ct.No. RIF102042)
California Court of Appeal
Fourth Appellate District
Division Two
Filed February 2, 2023
ORDER MODIFYING OPINION
[NO CHANGE IN JUDGMENT]
THE COURT
The opinion filed in this matter on January 9, 2023 is modified as follows:
On page 1, following "Judith C. Clark, Judge," strike the sentence in parenthesis that reads, "(Retired judge of the Riverside Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.)"
Except for this modification, the opinion remains unchanged. This modification does not effect the a change in judgment.
CERTIFIED FOR PUBLICATION
RAMIREZ
P. J.
We concur:
CODRINGTON
J.
RAPHAEL
J.
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