Opinion
Page 897a
159 Cal.App.4th 897a __ Cal.Rptr.3d__ THE PEOPLE, Plaintiff and Respondent, v. LEO ANTHONY REYES et al., Defendants and Appellants. B196415 California Court of Appeal, Second District, Seventh Division February 14, 2008[CERTIFIED FOR PARTIAL PUBLICATION]
Los Angeles County Super. Ct. No. SA053574
THE COURT:It is ordered that the opinion filed herein January 23, 2008 (159 Cal.App.4th 214; ___ Cal.Rptr.3d ___), and modified January 25, 2008, is further modified as follows, and petitions for rehearing is DENIED:
1. Delete the second full paragraph on page seven [159 Cal.App.4th 221, advance report, 1st par., line 2], and insert the following paragraph in its place:
The current briefing does not begin to assist us with the proper treatment of Reyes's implied assertion. The Attorney General cites just one case. It is about a false statement. (See People v. Crew (2003) 31 Cal.4th 822, 841 [3 Cal.Rptr.3d 733, 74 P.3d 820].) But the prosecution may have wanted the jury to conclude Reyes said something incriminatingly true when he volunteered his gun comment: “Ginez just dumped the gun.” So the case about the false statement seems inapposite.
2. Add this sentence to the end of last paragraph on page eight [159 Cal.App.4th 221, advance report, in the unpublished portion]: They join each other’s attacks.
There is no change in the judgment.