P. v. Guarino
Filed 10/3/06 P. v. Guarino CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(El Dorado)
----
| THE PEOPLE, Plaintiff and Respondent, v. RYAN WILLIAM GUARINO et al., Defendants and Appellants. |
C047604
(Super. Ct. No. S02CRF0358)
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING
[NO CHANGE IN JUDGMENT] |
THE COURT:
The opinion filed September 11, 2006, in the above cause is modified on page 4 as follows:
l. Delete the second sentence of the first paragraph and substitute the following sentence therefor: One of Aryani’s friends, Aaron Velasco, identified both in a photo lineup as among Aryani’s assailants.
2. Delete the third paragraph and substitute the following therefor:
Some of the defense witnesses, including defendant Carrero, named Rudnick and Walker as participants in the melee who beat one or more persons. Carrero testified that he saw both men, along with a couple of others, beating someone on the ground. Kristina Kenyon also testified that she saw Rudnick beating someone on the ground, although she said that person did not look like Aryani. Nicole LeJuene testified that Rudnick boasted afterward: “Me and Walk fucked those fools up.”
3. Immediately following the third paragraph, insert the following new paragraph:
In closing argument, defense counsel highlighted the evidence of Rudnick’s and Walker’s involvement in the melee, in particular Aaron Velasco’s identification of both men as attackers of Aryani; defendant Carrero’s counsel expressly argued that Rudnick and Walker were the only persons guilty of that crime. In rebuttal, the prosecutor replied that the People had always acknowledged more than two individuals assaulted Aryani, and if Rudnick and Walker were also involved that would not exonerate defendants.
These modifications do not change the judgment.
The petitions for rehearing are denied.
SIMS , Acting P.J.
CANTIL-SAKAUYE , J.
Publication Courtesy of California free legal resources.
Analysis and review provided by Spring Valley Property line Lawyers.
