P. v. Bueno

Filed 10/26/06 P. v. Bueno CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

The Court:

1. The above captioned opinion which was filed on September 27, 2006, is hereby modified as follows: The first full paragraph on page 11 is deleted and the following is substituted in its place:

In any event, appellant cannot show prejudice. Once the jury determined that D. was credible as to the lewd acts, there would have been no reason to disbelieve her as to the warnings. Section 136.1, subdivision (b)(1), is not limited in its application to 911 calls. It includes attempts to dissuade a victim from reporting her victimization to the police even if someone other than the victim is the first to report it. Even if defense counsel had proposed the responses to the jury question that appellant urges here, and the trial court had accepted these proposals, the jury would not have concluded that appellant, in warning D. not to tell "anybody" about his commission of these lewd acts would have been referring to her brother but not to the police.

There is no change in the judgment.

2. The petition for rehearing is denied.

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ELIA, J.

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RUSHING, P. J.

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PREMO, J.

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