People v. Ivan Samaniego – modification

Filed 4/16/09

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

v.

IVAN SAMANIEGO et al.,

Defendants and Appellants.

B205512

(Los Angeles County

Super. Ct. No. PA054142)

ORDER MODIFYING CERTIFIED PUBLISHED OPINION

[NO CHANGE IN JUDGMENT]

THE COURT:*

It is ordered that the opinion filed April 6, 2009, certified for publication be modified as follows:

1. On page 17, line 3 of the opinion, where it reads: “The jury also necessarily found that appellants acted deliberately and without premeditation.”

Delete the word “without” and replace with “with”. It should read:

“The jury also necessarily found that appellants acted deliberately and with premeditation.”

2. On page 30, last paragraph, lines 2 and 3 of the opinion, where it reads:

“This contention raises several issues including (1) whether the Attorney General forfeited this contention . . . .”

Delete “Attorney General” and replace with “the People”.

It should read: “This contention raises several issues including (1) whether the People forfeited this contention . . . .”

This modification constitutes no change in judgment.

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