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People v. Magana

California Court of Appeals, Second District, Seventh Division
Feb 10, 2011
No. B220787 (Cal. Ct. App. Feb. 10, 2011)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. ANTONIO MAGANA, Defendant and Appellant. B220787 California Court of Appeal, Second District, Seventh Division February 10, 2011

NOT TO BE PUBLISHED

Los Angeles County Super. Ct. No. BA356402

ORDER MODIFYING OPINION AND DENYING REHEARING

THE COURT:

It is ordered that the opinion filed herein on January 18, 2011, be modified as follows:

1. On page 12, lines 4-6, which reads:

“While Magana may well have been acting with the specific intent to benefit his gang when he committed the crime at issue in this case, there are no facts in the record on which Officer Abner could have relied to reach that conclusion.”

That sentence should be stricken, and the following sentence inserted:

“While Magana may well have committed the crime at issue in this case for the benefit of, at the direction of, or in association with his gang, there are no facts in the record on which Officer Abner could have relied to reach that conclusion.”

There is no change in judgment.

Respondent’s petition for rehearing is denied.

PERLUSS, P. J. ZELON, J. JACKSON, J.


Summaries of

People v. Magana

California Court of Appeals, Second District, Seventh Division
Feb 10, 2011
No. B220787 (Cal. Ct. App. Feb. 10, 2011)
Case details for

People v. Magana

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ANTONIO MAGANA, Defendant and…

Court:California Court of Appeals, Second District, Seventh Division

Date published: Feb 10, 2011

Citations

No. B220787 (Cal. Ct. App. Feb. 10, 2011)