Filed 1/27/99
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
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THE PEOPLE, Plaintiff and Respondent, v. BRIAN JEFFREY MILLER, Defendant and Appellant. |
F025718 (Super. Ct. No. 63840)
MODIFICATION OF OPINION; NO CHANGE IN JUDGMENT |
The typewritten opinion filed in the above entitled action on January 13, 1999, is modified as follows:
At page 11, delete footnote 8; at page 19, delete footnote 12 and renumber footnotes which follow footnote 7. Commencing on page 11 up to and including page 18, all undesignated section references are to the Health and Safety Code.
At page 9, line 3 of the second paragraph reading: "he consented to the search and his gun was not drawn," please change to read: "he consented to the search and the officer’s gun was not drawn."
This modification does not affect the judgment.
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Buckley, Acting P.J.
WE CONCUR:
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Wiseman, J.
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Levy, J.