PEOPLE v. BEJARANO
Filed 5/3/07
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION THREE
THE PEOPLE, Plaintiff and Respondent, v. BOB BEJARANO, Defendant and Appellant. | B180922 (Los Angeles County Super. Ct. No. PA046430) ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on April 16, 2007, be modified as follows:
1. On page 2, at the end of the fourth sentence of the first full paragraph, add as
footnote 2 the following footnote, which will require renumbering of all subsequent
footnotes:
2 As noted below, respondent does not dispute that, under the transferred intent doctrine, appellants intent to shoot the rival gang members transferred to the otherwise unintended victim with the result that appellant feloniously assaulted the latter, killing him.
2. On page 2, the last full sentence beginning Moreover, there is no dispute is deleted.
3. On page 15, footnote 6, the number 5 is changed to 6 so the footnote
reads:
See footnote 6.
4. On page 17, the second sentence of the first full paragraph, the number 2 is changed
to 3 so the sentence reads:
As mentioned, the trial court instructed on express and implied malice (see fn. 3).
[There is no change in the judgment.]
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