Opinion
No. C085199.
12-19-2018
KAJLA PETROLEUM, INC., Real Party in Interest. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, Petitioner, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD, Respondent
[Modification of opinion (29 Cal.App.5th 180; ___ Cal.Rptr.3d ___), upon denial of rehearing.]
THE COURT.—It is ordered that the opinion filed herein on November 15, 2018, be modified as follows:
1. On page 3, lines 4-7 [29 Cal.App.5th 183, advance report, 1st full par., lines 9-10], the following two sentences are deleted: "Cobbs's description of the shotgun shooter matched that given by Bobila and fit Caldwell's appearance at the time. Her description of admitted handgun shooter Funches also matched his appearance at the time of the murder." The following sentence is inserted in their place: "Cobbs's description of the shotgun shooter was consistent with Caldwell's appearance at the time."
2. On page 20, lines 14-15 [29 Cal.App.5th 180, advance report, in the unpublished portion of the opnion], the following sentence is deleted: "That Caldwell was the second shooter seen by Tolliver and identified by Cobbs resolves any discrepancy on which Caldwell relies." The following sentences are inserted in its place: "The thrust of Caldwell's argument is that Martin fired the shotgun and therefore Caldwell was not the shooter. Tolliver's declaration provides an alternative: even if Martin fired the shotgun, a second person also fired the shotgun. At trial and in opposition to the factual innocence motion, the People presented evidence that Caldwell was that person."
3. On page 20, lines 18-19 [29 Cal.App.5th 180, advance report, in the unpublished portion of the opnion], the following sentence is deleted: "The post-conviction evidence does not refute compelling evidence that Caldwell was the shotgun shooter." The following sentence is inserted in its place: "The post-conviction evidence does not refute compelling evidence that Caldwell fired the shotgun."
There is no change in the judgment. Appellant's petition for rehearing is denied.