Filed 1/17/01

THE PEOPLE, )

)

Plaintiff and Respondent, )

) S075300

v. )

) Ct.App. 4/3 G020280

THUAN VAN NGUYEN et al., )

) Orange County

Defendants and Appellants. ) Super. Ct. No. 95WF0866

)

THE COURT:

The opinion herein, appearing at 24 Cal.4th 756, is modified as follows:

The final sentence of the last full paragraph on page 4 of the slip opinion in this case is modified to replace the phrase "reversed the resulting conviction of robbery, holding that" with the phrase "held that the defendant could not be prosecuted for robbery, because" so that the sentence will read as follows: "The Court of Appeal held that the defendant could not be prosecuted for robbery, because the saxophone had not been taken from the possession of the security guard."

This modification does not affect the judgment.