Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 2007021403
ORDER MODIFYING OPINION AND DENYING REHEARING
THE COURT:
It is ordered that the opinion filed on January 26, 2011, be modified as follows:
On page 7, in the first full paragraph, at the end of the fifth sentence beginning "The jury also heard evidence that another member of the gang," add the following as footnote 5:
In a petition for rehearing, Vasquez contends that we cannot rely on this evidence because the threatening statements Carranza attributed to Luna were not admitted for their truth. According to Vasquez, the evidence is therefore "unavailable either to show such threats in fact were made or to show there was sufficient evidence that [Vasquez] held the specific gang intent at the time he committed the crime against Carranza." We disagree. The fact that the jury was precluded from finding that Luna's statement was true, i.e., that people from Glendale and Los Angeles would "do something" to Carranza's family if he testified, does not mean the jury was precluded from finding that the statement was in fact made. Moreover, the jury could infer that this threat was made with the intent to place Carranza in fear of the gang, which was relevant to prove that the crimes against him had been committed to benefit the gang. Officer Coffey testified to this very opinion without objection.
This footnote will require renumbering all subsequent footnotes.
[There is no change in the judgment.]
Vasquez's petition for rehearing is denied.