Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 05SF0781
ORDER DENYING PETITION FOR REHEARING AND MODIFYING OPINION; NO CHANGE IN JUDGMENT
MOORE, J.
On June 24, 2008, appellant Mark Alan Crow filed a petition for rehearing. The petition is DENIED.
On the court’s own motion, it is ordered that the opinion filed herein on June 18, 2008, be modified as follows:
1. Add the following language just above the DISPOSITION:
“Defendant also contends he was denied his rights under the Fourteenth Amendment when the court instructed the jurors with CALCRIM No. 220. He quotes the third paragraph of the instruction and italicizes the words which are his concern: ‘“In deciding whether the People have proved their case beyond a reasonable doubt, you must impartially compare and consider all the evidence that was received throughout the entire trial. Unless the evidence proves the defendant guilty beyond a reasonable doubt, he is entitled to an acquittal and you must find him not guilty.”’ He argues the instruction precludes jurors from considering whether there is a reasonable doubt based on a lack of evidence.
“‘The instruction neither lowers the prosecution’s standard of proof nor raises the amount of doubt the jury must have in order to acquit a defendant. [¶] Contrary to defendant’s suggestion, CALCRIM No. 220 instructs the jury to acquit in the absence of evidence.’ (People v. Guerrero (2007) 155 Cal.App.4th 1264, 1268.) The defendant’s ‘argument that “CALCRIM 220 shifted the burden to him to prove the existence of reasonable doubt” is meritless.’ (People v. Rios (2007) 151 Cal.App.4th 1154, 1157.)”
This modification does not effect a change in the judgment.
WE CONCUR: SILLS, P. J., RYLAARSDAM, J.