Opinion
G044452 G045903
05-30-2012
THE PEOPLE, Plaintiff and Respondent, v. ISMAEL NUNEZ, Defendant and Appellant. In re ISMAEL NUNEZ on Habeas Corpus.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super. Ct. No. 07CF2123)
ORDER MODIFYING OPINION
AND DENYING PETITION FOR
REHEARING; NO CHANGE IN
JUDGMENT
It is ordered that the opinion filed herein on May 2, 2012, be modified as follows:
On page 7, second paragraph, in the last sentence beginning with "In providing his reasons" delete the words "and committing crimes" and insert "(and, on one occasion, committing a crime)" so that the sentence reads:
In providing his reasons for opining that Nunez was a Delhi gang member, McLeod recited a litany of occasions on which Nunez was identified socializing (and, on one occasion, committing a crime) with Delhi gang members.
The modification does not change the judgment.
The petition for rehearing is DENIED.
IKOLA, J.
WE CONCUR:
O'LEARY, P. J.
FYBEL, J.