Opinion
B186563
11-30-2006
THE PEOPLE, Plaintiff and Respondent, v. EUSEBIO ALVAREZ, Defendant and Appellant.
ORDER MODIFYING THE OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT]
THE COURT
The Petition for Rehearing, filed herein on November 27, 2006, has been read and considered and is denied.
We order the opinion in the above entitled case modified, as follows.
1. The following sentence, the first sentence of the first paragraph on page 12 of the slip opinion, is ordered stricken from the opinion:
Also during final argument when defense counsel told the jury that the trial court was instructing it as to a lesser included offense because no evidence supported the greater offense, the trial court was entitled to interrupt defense counsel.
2. In lieu of the stricken sentence above, we order the following text to be added to the opinion:
Also, with respect to defense counsels argument, "The reason you have been provided with another crime to consider is because there has been evidence of a crime, just not the crime the prosecutor is requesting . . . ," the trial court was entitled to interrupt and to correct the improper inference created by such a remark.
There is no change in the judgment. --------------- Notes: BOREN, P.J. ASHMANN-GERST, J. CHAVEZ, J.