Opinion
E051718
01-13-2012
THE PEOPLE, Plaintiff and Respondent, v. DARRELL JOHN WILLIAMS, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. FVI902657)
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING
[NO CHANGE IN JUDGMENT]
The petition for rehearing is denied. The opinion filed in this matter on December 20, 2011, is hereby modified, as follows:
1. On page 12, following the first full paragraph, prior to section two, the following should be added,
Defendant's assertion that the trial court's remark that it was suffering from some amount of dementia constituted testimony that had to be admitted under Evidence Code section 703, subdivision (a) is meritless. The jury was instructed that evidence was "the sworn testimony of witnesses, the exhibits admitted into evidence, and anything else [the trial court] t[old the jury] was evidence." The court's remark fits into none of these categories. Therefore, the jury could not possibly have interpreted it as evidence.
Except for this modification, the opinion remains unchanged. This modification does not change the judgment.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P.J.
We concur: HOLLENHORST
J.
RICHLI
J.