Opinion
NOT TO BE PUBLISHED
Los Angeles County Super. Ct. No. BA271983
ORDER MODIFYING OPINION AND DENYING REHEARING
THE COURT:
It is ordered that the opinion filed herein on April 4, 2008, be modified by adding the following subheading and three paragraphs after part 3 on page 5:
4. Prosecutorial Misconduct
In the prosecutorial misconduct section of defendant’s 2005 opening brief, he relied on multiple quotations from the prosecutor’s closing and rebuttal arguments at trial. In this court’s original opinion reversing defendant’s conviction, we discussed some, but not all, of these quotations.
Upon remand by the Supreme Court after it reversed our disposition, defendant did not file any further briefing. But following the filing of our opinion on remand, defendant filed a petition for rehearing. In it, he complains that we did not discuss four of the misconduct quotations from the opening brief, including two which gave rise to points that the Supreme Court noted were beyond the scope of its review. (See People v. Lopez, supra, 42 Cal.4th at p. 972, fn. 2.)
We have carefully reviewed the arguments set forth in defendant’s 2005 briefing, the Supreme Court’s opinion in People v. Lopez, supra, 42 Cal.4th 960, and the arguments set forth in the petition for rehearing. Based on this review, we conclude defendant’s contention of prosecutorial misconduct is without merit and must therefore be rejected.
There is no change in the judgment.
Appellant’s petition for rehearing is denied.
MALLANO, Acting P. J., VOGEL, J., ROTHSCHILD, J.