Opinion
D049431
9-8-2008
THE PEOPLE, Plaintiff and Respondent, v. RUBEN GOMEZ, Defendant and Appellant.
Not to be Published
THE COURT:
The petition for rehearing is denied.
The unpublished opinion, filed August 13, 2008, is modified as follows:
1. In the second paragraph on page 24, the third sentence is modified and a footnote is added (additions in bold), so that the sentence reads:
Under the facts, it is difficult to imagine how a jury might have found that a reasonable person could have foreseen only the possibility of a homicide resulting from a misdemeanor or criminally negligent conduct, or from the commission of a non-inherently dangerous felony, which would be necessary for an involuntary manslaughter conviction.[Fn.]
2. Footnote 7 reads as follows:
Gomez raised the theory of how he could be found guilty of involuntary manslaughter based on a non-inherently dangerous felony for the first time in his petition for rehearing. A litigant may not raise an argument for the first time in a petition for rehearing. ( Reynolds v. Bement (2005) 36 Cal.4th 1075, 1092.) Nevertheless, we reject the notion that a jury could have found that a reasonable person in Gomezs position could have foreseen an unlawful death resulting from the commission of a non-inherently dangerous felony, under the circumstances of this case.
The addition of footnote 7 will require renumbering of all subsequent footnotes.
NO CHANGE IN THE JUDGMENT.