Filed 3/10/09

CERTIFIED FOR PARTIAL PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE,

Plaintiff and Respondent,

v.

PORFIRIO ALBERT MEDINA,

Defendant and Appellant. A120517

(Mendocino County

Super. Ct. No. SCUK-CRCR-95-19081)

ORDER MODIFYING OPINION

[NO CHANGE IN JUDGMENT]

It is ordered that the opinion filed herein on February 25, 2009, be modified as follows:

1. On page 13, in footnote 10, between the second and third sentences, delete the following citation “(People v. Milligan (July 16, 2008, C056488); People v. Curtis (Mar. 28, 2008, C056675).).”

There is no change in the judgment.

Dated:

________________________________

Margulies, Acting P.J.