Opinion
H024035.
10-23-2003
THE PEOPLE, Plaintiff and Respondent, v. FERNANDO OVANDO TABAREZ, Defendant and Appellant.
It is ordered that the opinion filed herein on September 24, 2003, be modified as follows:
1. On page 7, the first full paragraph under the caption "Analysis," delete the first two sentences including citations.
2. On page 7, line 10 the word "consented" is changed to "did not object" so that the sentence reads:
In this case, defendant did not object to the trial courts response to the jurys questions.
3. On page 11, at the end of the second full paragraph after the citation ending "1332, 1336.)" add as footnote 10 the following footnote, which will require renumbering of all subsequent
10 We are aware of the decision of this court in People v. Modiri (Sept. 24, 2003, H023584) ___ Cal.App.4th ___ criticizing the second part of the "group beating" instruction under CALJIC No. 17.20. Modiri has no impact on our decision in this case.
There is no change in judgment.
Appellants petition for rehearing is denied.
WE CONCUR: PREMO, J., BAMATTRE-MANOUKIAN, J.