Opinion
Page 305c
150 Cal.App.4th 305c __ Cal.Rptr.3d __ THE PEOPLE, Plaintiff and Respondent, v. BOB BEJARANO, Defendant and Appellant. B180922 California Court of Appeal, Second District, Third Division May 3, 2007Los 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, (149 Cal.App.4th 975, __Cal.Rptr.3d__ ) be modified as follows:
1. On page 2 [149 Cal.App.4th 978, advance report, 1st full par., line 11], 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
n2 As noted below, respondent does not dispute that, under the transferred intent doctrine, appellant’s 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 [149 Cal.App.4th 978, advance report, 2d full par., line 15], the last full sentence beginning “Moreover, there is no dispute” is deleted.
3. On page 15 [149 Cal.App.4th 989, advance report, footnote 6], footnote 6, the number “5” is changed to “6” so the footnote reads:
See footnote 6.
4. On page 17 [149 Cal.App. 4th 990, advance report, 3d full par., line 2], 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.]