People v. Cunningham (2001)

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[No. S010856. Aug. 15, 2001.]

[Modification of Opinion (25 Cal.4th 926) with no change in judgment.]

THE PEOPLE, Plaintiff and Respondent, v. ALBERT CUNNINGHAM, Defendant and Appellant.

THE COURT.-

The opinion herein, filed on June 21, 2001, appearing at 25 Cal. 4th 926, is modified as follows:

The first sentence of the second full paragraph of the opinion on page 960 is revised to read:

"The paramedics treated Cebreros at the scene for a gunshot wound caused by a bullet that had entered and exited from his thigh."

The fourth sentence of the second full paragraph of the opinion on page 960 is revised to read:

"Cebreros was transported to the hospital, and later described to Officer Baroni the suspect's height and appearance, stating that the suspect wore a brown suit, had glasses, and wore a beard."

The second sentence of the incomplete paragraph at the top of page 963 of the opinion is revised to read:

"Further investigation revealed that Treto's vehicle was recovered from a location within a relatively short distance of an address where defendant had lived with his former wife in May 1985 and near Mrs. Vaughn's address where he was staying in July 1985."

The first sentence of the first full paragraph of the opinion on page 1011 is revised to read:

"Defendant contends that the trial court erred in failing to instruct the jurors that in order to find true the special circumstance allegation of murder committed while defendant was engaged in the commission of a robbery, they had to find that defendant possessed the intent to kill."

The first sentence of footnote 11 of the opinion on page 1011 is revised to read:

"Defendant urges that no instruction required the jury to find intent to kill, or the special circumstance of felony murder, beyond a reasonable doubt."

This modification does not affect the judgment.