Modification: People v. Tousant

THE PEOPLE,

Plaintiff and Respondent,

v.

JAMELL TOUSANT,

Defendant and Appellant.

No. A156044

(Alameda County Super. Ct. No. 178808)

California Courts of Appeal

First Appellate District

Division Two

Filed June 24, 2021

ORDER MODIFYING OPINION AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

CERTIFIED FOR PARTIAL PUBLICATION^*

THE COURT:

It is ordered that the partially published opinion filed on May 26, 2021, be modified as follows:

On page 8, in the first full paragraph, sixth sentence, change "Officer Fuentes, who arrived on the scene, believed the car was connected to the shooting," to "Officer Fuentes and Sergeant Royal arrived at the scene, and Sergeant Royal believed the car was connected to the shooting."

On page 10, in the first full paragraph, in the first to the last sentence change, "Shell casings and a loaded firearm magazine were located on the street a few feet from the car" to "A loaded firearm magazine was located on the scene, and shell casings were on the street a few feet from the car."

In the paragraph beginning at the bottom of page 10 that begins with the sentence, "These circumstances---" change the phrase within that sentence at the top of page 11 from "its unfamiliarity to nearby residents," to "its unfamiliarity to a nearby resident."

On page 15, first paragraph, in the sentence beginning, "By turning the cellphone on," change the words "viewing a photo" to "viewing a few photos."

On page 39, in the paragraph that begins at the bottom of page 38, in the sentence that begins, "And although specific intent to target a person is not required," change the words from "10 to 15 shots were fired directly at one of the men" to "5 to 10 shots were fired directly at one of the men."

There is no change in the judgment.

Appellant's petition for rehearing is denied.

Kline, P.J.

^* Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of parts III through VIII of the Discussion.