Filed 1/27/00

The opinion filed in this matter on January 18, 2000, is modified as follows:

1. On page 10, the first full paragraph is deleted in its entirety.

2. The citation to Malone v. Superior Court at lines 10-11 of page 19 is deleted.

3. On page 20, the final paragraph, third sentence beginning with "Another is Malone v. Superior" is deleted to the end of the paragraph on page 21 and replaced with the following:

"Another is People v. Price (1991) 1 Cal.4th 324, 384-386, which involved an agreement to murder formed in San Bernardino County and the actual killing in Los Angeles County. Price nevertheless upheld venue in Humboldt County under section 781 because defendant had performed the "preparatory act" of journeying to that county and there acquiring the gun with which he committed the murder in Los Angeles County. As a result, the Humboldt jury wound up deliberating over a savage gang-retaliation killing committed several hundred miles away. However, the defendant in Price was also charged with a second murder and other crimes committed in Humboldt County. Thus, trial in that county of all of the offenses served important purposes in light of modern realities, and these realities should infuse our interpretation of the vicinage requirement."

Except for this modification, the opinion remains unchanged. This modification does not change the judgment.

CERTIFIED FOR PARTIAL PUBLICATION