Filed 3/18/09

IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE, )

)

Plaintiff and Respondent, )

) S156775

v. )

) Ct.App. 5 F050212

JESSIE JOSE RAMIREZ, )

) Madera County

Defendant and Appellant. ) Super. Ct. No. MCR021366

)

MODIFICATION OF OPINION

THE COURT:

The opinion filed February 26, 2009, and published at __ Cal.4th __, is modified by deleting the following two sentences from footnote 4: “An enhancement for participation in a criminal street gang (§ 186.22, subd. (b)(1)) applied to all but the child endangerment conviction. This enhancement was based on testimony that defendant was a member of a criminal street gang, that gang members confers status through acts of violence, and that killing a police officer achieves the highest status.”

This modification does not affect the judgment.