Opinion
NOT TO BE PUBLISHED
Super. Ct. No. SCD174976
ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT]
McCONNELL, P. J.
THE COURT:
It is ordered that the opinion filed herein on May 18, 2011, be modified as follows:
1. On page 15, in the first sentence of the first full paragraph, the word "1997" is to be deleted and replaced with the word "2007" so the sentence now reads:
The trial court stated that it did not put a lot of weight behind the statistical evidence presented by expert Weeks because (1) it was largely based on the 2007 survey, which took place over a relatively short period (four weeks); and (2) changes implemented by the jury commissioner's office since the survey was conducted likely reduced any disparity.
2. On page 16, in the second and third sentences of the first full paragraph, the word "1997" is to be deleted and replaced with the word "2007" so the sentences now read:
Substantial evidence supports the trial court's finding that Weeks's analysis, based on the 2007 survey, deserved little weight. Substantial evidence also supports the trial court's findings that (1) changes in the jury selection process made after the 2007 survey likely reduced the disparity of Hispanics in the Central district venire and (2) these changes were implemented to provide all eligible prospective jurors in San Diego County with an equal opportunity to be summoned for jury service and to balance the workloads of the judicial districts.
3. On page 28, in the first full sentence, the words "our Supreme Court's" are to be deleted and replaced with the word "the appellate court's" so the sentence now reads:
According to the appellate court's decision in Johnson, the "more rigorous standard of admissibility for remote priors" does not "necessitate[] an inquiry different in kind from that involved in a determination under [Evidence Code] section 352" (Johnson, at p. 539).
There is no change in the judgment.
Appellant's petition for rehearing is denied.