Opinion
NOT TO BE PUBLISHED
Los Angeles County Super. Ct. No. BA289995.
ORDER MODIFYING OPINION AND DENYING REHEARING
THE COURT:
It is ordered that the opinion filed herein on May 25, 2011, be modified as follows:
1. At the end of the third full paragraph on page 4, after the sentence ending “the apartment belonged to Teller, ” add as footnote 3 the following text:
At trial, Kukaua testified that on September 8, 2005, he went to a Van Nuys apartment and contacted appellant and Teller. Kukaua found in the apartment a fanny pack containing a loaded gun. Carrillo testified at trial to the effect the gun looked like the one that had been pointed at him during the robbery. At the May 8, 2009, hearing on the motion for a new trial, Teller testified that on September 8, 2005, she was arrested at the above apartment. When Teller testified at that hearing that the gun recovered from the apartment belonged to Teller, the apartment to which she was referring was the Van Nuys apartment.
2. At the end of the first full paragraph on page 6, after the citations “(People v. Delgado (1993) 5 Cal.4th 312, 328-329 ; People v. Albarran (2007) 149 Cal.App.4th 214, 224, fn. 7.)” add as footnote 4 the following text:
None of the cases cited by appellant compel a contrary conclusion.
This includes People v. Martinez (1984) 36 Cal.3d 816, and People v. Williams (1962) 57 Cal.2d 263.
There is no change in the judgment.
Appellant’s petition for rehearing is denied.