P. v. Santana 11/10/11 CA4/1

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: D059013M

Case Date: 02/22/2012

Preview:Filed 11/10/11

CERTIFIED FOR PARTIAL PUBLICATION* COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

THE PEOPLE, Plaintiff and Respondent, v. SERAFIN SANTANA, Defendant and Appellant.

D059013 (Super. Ct. No. RIF139207) ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING [No Change in Judgment]

THE COURT: It is ordered that the opinion filed herein on October 26, 2011, be modified as follows: On page 17, the first sentence of the first full paragraph is deleted and replaced with the following text: The dissent quotes at length the trial court's comments, made at the hearing on Santana's motion for judgment of acquittal on count 1, concerning the trial court's views as to whether Santana harbored the specific intent to commit mayhem when he shot Vallejo in the leg.

* Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for publication with the exception of part III.B., C., D., E., and F.

There is no change in the judgment. The petition for rehearing is denied. Justices McDonald and Aaron concur in the denial; Justice Benke would grant.

BENKE, Acting P. J. Copies to: All parties

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