Opinion
B228216
06-11-2012
THE PEOPLE, Plaintiff and Respondent, v. RONNIE LEE COLE, Defendant and Appellant.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. PA065186)
ORDER MODIFYING OPINION
AND DENYING REHEARING
(NO CHANGE IN JUDGMENT)
THE COURT:
It is ordered that the opinion filed herein on May 22, 2012 be modified as follows:
1. On page 11, the second sentence of the first full paragraph, beginning "Common to the three uncharged acts and the instant offense, ..." is deleted and the following sentence is inserted in its place:
Common to the three uncharged acts and the instant offense, Cole was at the intersection of Sepulveda Boulevard and Parthenia Street acting as a middleman or "hook," agreed to sell or furnish rock cocaine and obtained the rock cocaine from someone else in another location.
Whether Cole or the officer initiated the contact is not a difference that undermines the conclusion the acts share sufficient common features to support an inference they were manifestations of a common design or plan. The persuasive common features are the location, the drug and Cole's role as an intermediary who did not himself have the rock cocaine in his possession at the time of the sale.
2. The change will require renumbering of all subsequent footnotes.
There is no change in the judgment. Appellant's petition for rehearing is denied.
PERLUSS, P. J. WOODS, J. ZELON, J.