People v. Caldwell

30 Cal.App.5th 242

THE PEOPLE, Plaintiff and Respondent,

v.MAURICE CALDWELL, Defendant and Appellant.

No. A148828.

Court of Appeals of California, First District, Division Three.

December 17, 2018.

[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 On page 20, lines 14-15 [29 Cal.App.5th 180, advance report, in the unpublished portion of the opnion], the following sentence is deleted: "That Caldwell was the second shooter seen by Tolliver and identified by Cobbs resolves any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...