Opinion
B160933.
10-27-2003
THE PEOPLE, Plaintiff and Respondent, v. PAUL CARRELES et al., Defendants and Appellants.
ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT]
THE COURT:
It is ordered that the opinion filed herein on September 25, 2003, be modified as follows:
1. On page 25, the first sentence of the first full paragraph, the words ", joined by Contreras," is to be inserted between the words "Carreles" and "objected" so that the sentence reads:
Carreles, joined by Contreras, objected to the admission of Zamoras statements to the police on the ground that they constituted hearsay and that the statements did not establish which appellant said what.
2. On page 25, the second full paragraph, the last two sentences beginning "It does not appear that Contreras lodged," the citation following this sentence, and "Even if it were waived," are deleted and the following sentence is inserted in its place:
This contention lacks merit.
3. On page 27, the first sentence of the second full paragraph, the words ", joined by Contreras," is to be inserted between the words "Carreles" and "further" so that the sentence reads:
Carreles, joined by Contreras, further claims that the admission of Zamoras statements constituted a violation of his Sixth Amendment rights of confrontation and cross-examination because the adoptive admissions did not constitute a firmly rooted exception to the rule against hearsay and did not bear particularized guarantees of trustworthiness.
4. On page 28, first full paragraph, last sentence, beginning "She gave birth" is deleted and the following sentence is inserted in its place:
She gave birth on April 24, 2002, a little more than a week before the commencement of the trial.
There is no change in the judgment.
Appellant Osvaldo Contrerass petition for rehearing is denied. --------------- Notes: NOTT, Acting P.J., DOI TODD, J., and ASHMANN-GERST, J.