P. v. Beckley
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Filed 6/24/10 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE THE PEOPLE, Plaintiff and Respondent, v. ALBERT JEROME BECKLEY, JR. et al. Defendants and Appellants. B212529 (Los Angeles County Super. Ct. Nos. TA094886 & TA091888) ORDER MODIFYING OPINION AND DENYING REHEARING (Teresa Sanchez-Gordon, Judge) [NO CHANGE IN JUDGMENT] THE COURT: IT IS ORDERED that the opinion filed herein on June 9, 2010, be modified in the following particulars: 1. On page 5, replace the first sentence of the third paragraph, with the following sentence, so the sentence now reads: A photograph or other writing may be authenticated by the introduction of evidence sufficient to sustain a finding that it is the writing that the proponent of the evidence claims it is (Evid. Code, * Pursuant to California Rules of Court, rules 8.1100 and 8.1110, this opinion is certified for publication with the exception of parts III, IV, V and VI. B212529 People v. Beckley, Jr. 2 ยง 1400), including the two kinds of evidence described by our Supreme Court in People v. Bowley (1963) 59 Cal.2d 855. 2. On page 6, replace the first sentence of the first full paragraph with the following sentence, so the sentence now reads: Although defendants conceded that the face in the MySpace photograph was Fulmore s, the record does not contain the kind of evidence described in Bowley or any other evidence sufficient to sustain a finding that it is the photograph that the prosecution claims it is, namely, an accurate depiction of Fulmore actually flashing a gang sign. This modification does not have an effect on the judgment. Respondent s petition for rehearing is denied. ___________________________________________________________________ MALLANO, P. J. ROTHSCHILD, J. JOHNSON, J.
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