P. v. Navasardyan











Filed 11/8/10 P. v. Navasardyan CA2/5





NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, Plaintiff and Respondent, v. EDGAR NAVASARDYAN, Defendant and Appellant.

B218928 (Los Angeles County Super. Ct. No. GA075055) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT]

THE COURT:
It is ordered that the opinion filed herein on October 19, 2010, be modified as follows:
1. On page 7, after the second full paragraph, the following paragraph is inserted:
Appellant further contends that even if the evidence of the prior incident were admitted properly under Evidence Code section 1109, the evidence was more prejudicial than probative and should have been excluded under Evidence Code section 352. We do not agree. The prior incident was probative of appellant's intent, which was in dispute at trial. The prior incident did involve physical violence, but that violence was not particularly inflammatory. Thus, any slight prejudice from the prior incident was outweighed by the probative value of the incident.
[There is no change in judgment.]
Appellant's petition for rehearing is denied.


________________________________________________________________________
ARMSTRONG, J. TURNER, P. J. KRIEGLER, J.

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