P. v. Sifuentes 6/27/11 CA4/3

State: California

Court: California Eastern District Court

Docket No: G041225M

Case Date: 06/27/2011

Plaintiff: P.

Defendant: Sifuentes 6/27/11 CA4/3

Preview:Filed 6/27/11

CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE

THE PEOPLE, G041225 Plaintiff and Respondent, (Super. Ct. No. 07HF0981) v. RENO PHILLIP SIFUENTES, et al., Defendants and Appellants. ORDER MODIFYING OPINION AND DENYING REHEARING; NO CHANGE IN JUDGMENT

It is ordered that the opinion filed herein on May 27, 2011, be modified as follows: 1. On page 10, last sentence of the first full paragraph, the words "constructively possessed" are changed and "the right to control" are inserted in their place so that the sentence reads: The prosecutor did not elicit, and the expert did not testify that a hypothetical individual in Sifuentes's position would have the right to control the firearm discovered under the mattress. 2. On page 11, first sentence of footnote 6, beginning with "The prosecutor simply failed" is deleted and the following sentence is inserted in its place:
*

Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of part IIB., C., and D.

Nothing in the expert's testimony demonstrated the right to control necessary to establish constructive possession.

Respondent's petition for rehearing is DENIED. There is no change in judgment.

ARONSON, ACTING P.J.

WE CONCUR:

FYBEL, J.

IKOLA, J.

cc: See attached list

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