Opinion
No. A142424.
10-28-2016
THE PEOPLE, Plaintiff and Respondent, v. LATANYA A. STAMPS, Defendant and Appellant.
[Modification of opinion (3 Cal.App.5th 988, ___ Cal.Rptr.3d ___), upon denial of rehearing.]
THE COURT. — IT IS ORDERED that the opinion filed herein on September 30, 2016, be modified as follows:
1. On page 9, after the sentence reading "The Attorney General has proposed no hearsay exception that would render the Ident-A-Drug Web site contents admissible," [3 Cal.App.5th 997, advance report, 1st full par., line 2] add as footnote 7 the following footnote, which will require renumbering of all subsequent
Throughout the appellate process, both parties have referred to the Ident-A-Drug content as hearsay. In a petition for rehearing, the Attorney General suggests the Web site material is "not hearsay" because it falls within the exception for commercial lists and the like in Evidence Code section 1340. The point has been forfeited by failure to assert it earlier. (Gentis v. Safeguard Business Systems, Inc. (1998) 60 Cal.App.4th 1294, 1308 [issues cannot be raised for first time on petition for rehearing].) Although we take no position on this issue, we note that a similar argument was rejected in People v. Hard, supra, 342 P.3d at pages 575-579 because the information was deemed insufficiently reliable.
There is no change in the judgment.
Respondent's petition for rehearing is denied.