Opinion
No. S048763.
09-21-2016
THE PEOPLE, Plaintiffs and Respondents, v. SERGIO DUJUAN NELSON, Defendant and Appellant
[Modification of opinion (1 Cal.5th 513; ___ Cal.Rptr.3d ___, ___ P.3d ___), upon denial of rehearing.]
THE COURT.
IT IS ORDERED the majority opinion and the concurring and dissenting opinion in this matter filed on August 15, 2016, are modified as follows, and the petition for rehearing filed on August 30, 2016, is denied:
On page 2 of the majority opinion [1 Cal.5th 522, advance report, 1st full par., line 11], in the sentence beginning "Nelson parked his bicycle," the phrase "firing additional shots into the car" is replaced by the phrase "firing again into the car."
On page 5 of the majority opinion [1 Cal.5th 524, advance report, 3d full par., line 11], in the sentence beginning "Nelson walked back to the car," the phrase "fired two or three more rounds into it" is replaced by the phrase "fired again into it."
On pages 35 to 36 of the majority opinion [1 Cal.5th 545, advance report, 2d par., line 7], in the sentence beginning "To summarize," the phrase "firing additional shots into the vehicle" is replaced by the phrase "firing again into the vehicle."
On page 44 of the majority opinion [1 Cal.5th 551, advance report, 1st par., line 6], in the sentence beginning "After ensuring his victims were dead," the word "them" is deleted.
On page 2 of Justice Corrigan's separate opinion [1 Cal.5th 574, advance report, 3d par. of concur and dissent, line 9], in the sentence beginning "We also know from the testimony," the phrase "returning to the car to shoot several more times" is replaced by the phrase "returning to the car to shoot again."
These modifications do not change the judgment.