Opinion
Super. Ct. No. 07F05651.
MODIFICATION OF OPINION
THE COURT:
It is ordered that the opinion filed herein on May 20, 2011, be modified as follows:
The second paragraph on page 15 is deleted and replaced with the following paragraph:
As we have already noted, the bullet and Officer Landberg’s testimony provided evidence that was relevant and probative in showing that defendant used a firearm in robbing Richards. That the evidence may not have been strong does not require that it be excluded. Evidence must only be relevant; it need not be overwhelmingly persuasive. As the California Supreme Court has held: “‘Evidence is relevant when no matter how weak it may be, it tends to prove the issue before the jury.’” (People v. Freeman (1994) 8 Cal.4th 450, 491, citing People v. Slocum (1975) 52 Cal.App.3d 867, 891.)
This modification does not change the judgment.
NICHOLSON, Acting P. J., HULL, J.