Opinion
No. S057156.
08-15-2018
THE PEOPLE, Plaintiff and Respondent, v. CHARLES EDWARD CASE, Defendant and Appellant.
[Modification of opinion (5 Cal.5th 1; 233 Cal.Rptr.3d 439, 418 P.3d 360), upon denial of rehearing.]
THE COURT. — The opinion in this matter filed May 31, 2018, and appearing at 5 Cal.5th 1 [233 Cal.Rptr.3d 439, 418 P.3d 360], is modified as follows:
The final sentence at the end of the first paragraph on page 45 [5 Cal.5th 45, advance report, 1st par., line 5] — which currently states, "In any event, the argument fails on its merits." — is deleted. The following sentence is inserted to start the subsequent paragraph on page 45:
To the extent defendant raises a challenge on an issue other than credibility, the argument fails on its merits.
In the last sentence of the first full paragraph on page 45 [5 Cal.5th 45, advance report, 1st full par., line 12], the word "convincingly" is inserted between the words "not" and "explain." The sentence now reads:
Defendant says that "[d]emonstrating that Reed did not know about the inconsistencies between Langford's and Webster's testimony was important to appellant's defense that Webster framed appellant," but does not convincingly explain why that is so.
The modification does not affect the judgment.
The petition for rehearing is denied.