Opinion
Page 855a
196 Cal.App.4th 855a __ Cal.Rptr.3d __ THE PEOPLE, Plaintiff and Respondent, v. RENO PHILLIP SIFUENTES et al., Defendants and Appellants. G041225 California Court of Appeal, Fourth District, Third Division June 27, 2011[CERTIFIED FOR PARTIAL PUBLICATION ]
Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of part IIB., C., and D.
Super. Ct. No. 07HF0981
THE COURT.IT IS ORDERED that the opinion filed herein on May 27, 2011, 195 Cal.App.4th 1410; ___Cal.Rptr.3d___, be modified as follows and the petition for rehearing is DENIED:
1. On page 10, last sentence of the first full paragraph [195 Cal.App.4th 1419, advance report, 1st par., line 3], the words “constructively possessed” are changed and “the right to control” are inserted in their place so that the sentence reads:
The prosecutor did not elicit, and the expert did not testify that a hypothetical individual in Sifuentes’s position would have the right to control the firearm discovered under the mattress.
2. On page 11, first sentence of footnote 6 [195 Cal.App.4th 1419, advance report, fn. 6, lines 1-2], beginning with “The prosecutor simply failed” is deleted and the following sentence is inserted in its place:
Nothing in the expert’s testimony demonstrated the right to control necessary to establish constructive possession.
Respondent’s petition for rehearing is DENIED. There is no change in judgment.