Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
Super. Ct. No. VCF107543-03
ORDER MODIFYING OPINION AND DENYING REHEARING [No Change in Judgment]
THE COURT:
VARTABEDIAN, Acting P. J.
This court’s opinion filed December 22, 2008, is modified as follows:
(1) On page 7, line 2, add a comma and the words “which suggests the arrival of the bicyclist was not fortuitous” to the end of the first full sentence on the page, so that the sentence reads:
When the bicyclist arrived, defendant told the man on the bicycle, “here’s those Busters right there,” which suggests the arrival of the bicyclist was not fortuitous.
(2) On page 12, beginning at line 5, delete the second through fourth sentences of the paragraph and substitute the following:
He has a minor record, having been referred to a diversionary program for disturbing the peace and being under the influence of a controlled substance. He did not act until told to do so, yet he was fully prepared to act and acted immediately after being told to do so. Although Christopher wore red items of clothing, the victims of the crime took no actions and said nothing aimed to provoke defendant and, in fact, asked him to refrain from acting out against them.
(3) On page 12, beginning at line 21, delete the second sentence of the second full paragraph, which reads, “This was not a case of unintentional acts resulting from reckless behavior, youthful bravado or accident.”
(4) On page 12, line 22, insert the words “and while participating in a criminal street gang” after the words “premeditation and deliberation,” so the sentence reads:
Defendant with premeditation and deliberation and while participating in a criminal street gang attempted to murder two unarmed individuals trying to leave the area, after the individuals had asked defendant to allow them peaceable departure.
This modification does not change the judgment.
Appellant’s petition for rehearing is denied.
WE CONCUR: CORNELL, J., KANE, J.