P. v. Reyes

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Filed 2/14/08 CERTIFIED FOR PARTIAL PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN THE PEOPLE, Plaintiff and Respondent, v. LEO ANTHONY REYES et al., Defendants and Appellants. B196415 (Los Angeles County Super. Ct. No. SA053574) ORDER MODIFYING OPINION [no change in the judgment] THE COURT: It is ordered that the opinion filed herein January 23, 2008, and modified January 25, 2008, is further modified as follows: 1. Delete the second full paragraph on page seven, 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.) 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: They join each other s attacks. There is no change in the judgment. Respondent s petition for rehearing filed January 31, 2008 and appellants petitions for rehearing filed February 6, 2008 are denied. ________________________________________________________________________ PERLUSS, P. J. ZELON, J. WILEY, J.* * Judge of the Los Angeles Superior Court assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. 2

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