Opinion
NOT TO BE PUBLISHED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.