P. v. Deo
Filed 7/14/08 P. v. Deo CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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THE PEOPLE, Plaintiff and Respondent, v. RAVIND ROSHAN DEO et al., Defendants and Appellants. | C047126 (Sup.Ct.No. 01F01700) |
THE PEOPLE, Plaintiff and Respondent, v. RAJNESH NAVIN NARAYAN, Defendant and Appellant. | C046880 (Sup.Ct.No. 01F01700) Modification of Opinions; denial of hearings; No change in judgments. |
It is ordered that the opinions filed herein on June 13, 2008, be modified as follows:
1. On page 68, line 2, insert the following sentence at the end of the carryover paragraph: Kumar joins in this contention. Those sentences now read:
He contends the evidence was insufficient because the gun seen by the victims was only a BB gun, which is neither a firearm nor a deadly weapon. Kumar joins in this contention.
2. On page 79, add the following sentence at the end of the last paragraph: Deo joins in this contention. Those sentences now read:
Narayan contends that conspiracy is a crime, not a theory of criminal liability. Narayan is wrong. Deo joins in this contention.
3. On page 82, line 4, insert the following sentence at the end of the carryover paragraph: Deo joins in this contention. Those sentences now read:
Since it is possible the jurors did not agree on his mental state, Narayan contends his Sixth Amendment right to a jury trial was violated. Deo joins in this contention.
4. On page 83, line 1 of the second full paragraph, delete the names Singh, Narayan and Deo and replace them with the word Defendants so that sentence now reads:
Defendants contend the trial court erred in instructing in the language of CALJIC No. 10.01 because that instruction told the jury that an aider and abettor was also necessarily acting in concert.
There is no change in the judgments.
The petitions for rehearing are denied.
THE COURT:
SIMS , Acting P.J.
NICHOLSON , J.
MORRISON , J.
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