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People v. Waxler

California Court of Appeals, First District, Fifth Division

April 3, 2014

THE PEOPLE, Plaintiff and Respondent,
v.
MICHAEL CLARENCE WAXLER, Defendant and Appellant.

Superior Court of Del Norte County, No. CRF129128, William H. Follett, Judge.

THE COURT.

IT IS ORDERED that the opinion filed herein on March 11, 2014, 224 Cal.App.4th 712,___ Cal.Rptr.3d ___, be modified as follows and the petition for rehearing is DENIED:

1. On page 3, first full paragraph [224 Cal.App.4th 715, advance report, last partial par., lines 2-5], delete the second sentence beginning “Deputy Griffin was, ” and the third sentence beginning “He remembers he” and insert the following sentences:

Deputy Griffin was not sure exactly when he became aware of the 215 card, but he learned about it after he began searching appellant’s truck. When asked when he became aware of the 215 card, he testified, “my recollection is [appellant] told me on scene. And I confirmed it at the jail when I actually looked at it after I arrested him for the methamphetamine issue.” When defense counsel asked Deputy Griffin whether he had a “recollection if [he] learned about the 215 [card] prior to the search of the vehicle or after the search of the vehicle, ” Deputy Griffin responded, “My technical search began when I entered the vehicle to retrieve the marijuana pipe. So I didn’t learn about it then. I don’t know how long it was after that or not” and said he “saw the pipe first before... doing any questioning.”

There is no change in the judgment.

The petition for rehearing is denied.


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