Opinion
Los Angeles County Super. Ct. No. BA287017
ORDER MODIFYING OPINION AND DENYING REHEARING
THE COURT:
It is ordered that the opinion filed herein on March 11, 2010, be modified as follows:
1. On page 1 omit footnote 1 and on page 12 omit footnote 10; renumber the other footnotes accordingly.
2. The following language on page 2, first paragraph lines 10-12, the sentence beginning with “We conclude...” should be modified to read “We conclude that it is clear beyond a reasonable doubt a rational jury would have found each defendant personally premeditated and deliberated the attempted murder so that the instructional error was harmless.”
3. On page 12, line 5 omit the words “The Court of Appeal in its opinion did not focus on the point.[10] ” and put a quotation mark before the word “We”.
4. On page 19, line 8 of the third paragraph delete the word “corroborated” and in its place insert the word “supported.”
5. The disposition on page 22 should be modified to read as follows:
“The first degree murder conviction of each defendant is affirmed. As we previously held, the abstracts of judgment shall be modified to reflect that Hernandez was sentenced to seven years to life on Count 2, doubled to 14 years based on the prior strike conviction, and that Concha was sentenced to a life term with the possibility of parole on Count 2. As we also previously held, the abstracts shall also be corrected to reflect that Hernandez received 496 days of custody credit and that Concha received 489 days of custody credits. In all other respects, the judgments of conviction are affirmed.”
Petition for Rehearing is denied.
ARMSTRONG, Acting P. J. MOSK, J. WEISMAN, J.
Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to Article VI, section 6 of the California Constitution.