P. v. Smith CA2/1

Filed 3/26/13 P. v. Smith CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B234315

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA068237) v. ORDER MODIFYING OPINION BOBBIE SMITH, AND DENYING REHEARING [no change in the judgment] Defendant and Appellant.

THE COURT:

It is ordered that the opinion filed herein on February 27, 2013, be modified as follows:

1. On page 1, in the first paragraph, the name “Alex Ricciardulli” is changed to “David Gelfound” so the sentence reads:

David B. Gelfound, Judge.

2. On page 8, second sentence of the first full paragraph, the words “and indecent exposure charges” are changed to “charge” so the sentence reads:

The evidence was relevant to the attempted rape charge because it tended to show appellant’s disposition to commit sex offense crimes.

3. On page 8, last sentence of the first full paragraph, beginning “The evidence was relevant to the” is deleted and the following sentence is inserted in its place:

The evidence was relevant to the attempted rape charge because it tended to show appellant’s disposition to commit rape.

4. On page 10, second sentence of the first full paragraph, after the word “intent” add “to commit rape” so the sentence reads:

The evidence of the uncharged offense was sufficiently similar to support an inference that appellant harbored the same intent to commit rape.