DATE: 20030911 DOCKET: C39755

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. WAYNE HARVEY (Appellant)

BEFORE:

DOHERTY, CHARRON and ARMSTRONG JJ.A.

COUNSEL:

Mark Eshuis for the appellant

C. Tier for the respondent

HEARD & ENDORSED:

AUGUST 20, 2003

On appeal from sentence imposed by Justice M.B. Zivolak on January 13, 2003.

APPEAL BOOK ENDORSEMENT

[1] The appeal is not properly in this court, but should be before a judge of the Superior Court. I will deal with it as an ex officio Superior Court judge. The appeal is allowed. The probation order is varied to delete the words "or place of worship" from paragraph 5 of Appendix "A" in the probation order dated April 12, 2002 and varied on January 13, 2003. The probation order is also varied to add a term in the words of the condition set out at paragraph 7 of the respondent's factum.

[2] The Crown agrees to these variations.