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Modification: People v. Perez-Robles

Ruling by

Laurie M. Earl

Lower Court

Yolo County Superior

Lower Court Judge

David W. Reed

Unlawful restraint does not require physical restraint and may be accomplished by perpetrator's words, acts, or authority.





Court

California Courts of Appeal 3DCA

Cite as

2023 DJDAR 9612

Published

Sep. 20, 2023

Filing Date

Sep. 18, 2023

Opinion Type

Modification

Disposition Type

Affirmed (in part)

Case Fully Briefed

Apr. 27, 2023

Oral Argument

Aug. 25, 2023


CERTIFIED FOR PARTIAL PUBLICATION*

 

THE PEOPLE,

Plaintiff and Respondent,

v.

FERMIN PEREZ-ROBLES,

Defendant and Appellant.

 

No.C095414

(Super. Ct. No. CR2020968)

California Court of Appeal

Third Appellate District

Filed September 18, 2023

 

ORDER MODIFYING OPINION, DENYING REHEARING, AND

CERTIFYING OPINON FOR PARTIAL PUBLICATION

 

[NO CHANGE IN JUDGMENT]

 

APPEAL from a judgment of the Superior Court of Yolo County, David W. Reed, Judge. Affirmed in part and reversed in part.

 

Charles M. Bonneau, Jr., Retained Counsel for Defendant and Appellant.

 

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Darren K. Indermill and Kari Ricci Mueller, Deputy Attorneys General, for Plaintiff and Respondent.

 

THE COURT:

 

It is ordered that the opinion filed herein on September 6, 2023, be modified as follows:

 

1. On page 17, in the first full paragraph, second sentence, the words "borders on the ludicrous" are deleted and replaced with "is not persuasive" so the sentence reads:

This argument is not persuasive, and, tellingly, is accompanied by no citation to the record.

 

There is no change in the judgment.

 

Appellant's petition for rehearing is denied.

 

The opinion in the above-entitled matter filed on September 6, 2023, was certified for partial publication in the Official Reports with the exception of parts IA, IB, ID, and II through V of the Discussion. For good cause it now appears the partial publication should be expanded to include part IIB of the Discussion, and is so ordered.

 

BY THE COURT:

EARL, P. J.

MAURO, J.

KRAUSE, J.

 

*Pursuant to California Rules of Court, rules 8.1105 and 8.1110, this opinion is certified for publication with the exception of parts IA, IB, ID, IIA, and III through V of the Discussion.

 

#281673

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