P v. ALCOX

Filed 3/28/06

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE COURT:

It is ordered that the opinion filed herein on March 10, 2006, be modified as follows:

1. On page 2 at the end of the second full paragraph the name "Jaraj Mavar" is changed to Haraj Mavar.

2. On page 12, in the first sentence of the second full paragraph delete the words "to Robert Garcia" so that the sentence reads:

Defendant's confession, jail house statements, and admission . . . . .

3. On page 13, in the second sentence of the third full paragraph delete the words "Garcia and" so that the sentence reads:

Defendants confession was corroborated by Gonzales who heard . . . .

4. On page 14, delete the third sentence of the last paragraph beginning with the word "Yet" and ending with the word "statements."

5. On page 14, after the word "apprehension" appearing on the fourth line of the last paragraph insert the following footnote 7.."

7/ In his petition for rehearing, defendant argues that Robert Garcia refuted Carolyn Gonzales' testimony that she overheard defendant admit involvement in the shooting. The superior court found that Gonzales was a credible witness. The record further indicates that Garcia talked to other people about the shooting, refuting defendant's claim that he had an alibi. In an April 11, 1986 police report, District Attorney Investigator Kenneth Ast provided the following summary of a taped interview with Leslie Gibeau: "GARCIA told her (unknown time) that he (GARCIA) had spoke with Joel ALCOX and Ricky LOTHER. GARCIA said that ALCOX and LOTHERY told him that they were walking through the Motel when they heard a shot."

[There is no change in judgment.]

Respondent's petition for rehearing is denied.

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