P. v. Lopez
Filed 4/29/08 P. v. Lopez CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SECOND APPELLATE DISTRICT
DIVISION ONE
THE PEOPLE, Plaintiff and Respondent, v. FERNANDO LOPEZ, Defendant and Appellant. | B182877 (Los Angeles County Super. Ct. No. BA271983) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on April 4, 2008, be modified by adding the following subheading and three paragraphs after part 3 on page 5:
4. Prosecutorial Misconduct
In the prosecutorial misconduct section of defendants 2005 opening brief, he relied on multiple quotations from the prosecutors closing and rebuttal arguments at trial. In this courts original opinion reversing defendants conviction, we discussed some, but not all, of these quotations.
Upon remand by the Supreme Court after it reversed our disposition, defendant did not file any further briefing. But following the filing of our opinion on remand, defendant filed a petition for rehearing. In it, he complains that we did not discuss four of the misconduct quotations from the opening brief, including two which gave rise to points that the Supreme Court noted were beyond the scope of its review. (See People v. Lopez, supra, 42 Cal.4th at p. 972, fn. 2.)
We have carefully reviewed the arguments set forth in defendants 2005 briefing, the Supreme Courts opinion in People v. Lopez, supra, 42 Cal.4th 960, and the arguments set forth in the petition for rehearing. Based on this review, we conclude defendants contention of prosecutorial misconduct is without merit and must therefore be rejected.
There is no change in the judgment.
Appellants petition for rehearing is denied.
NOT TO BE PUBLISHED.
MALLANO, Acting P. J. VOGEL, J. ROTHSCHILD, J.
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