P. v. Collins
Filed 2/5/07 P. v. Collins CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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THE PEOPLE, Plaintiff and Respondent, v. GERALD V. COLLINS, Defendant and Appellant. | C050557 (Super. Ct. No. 05F01814) ORDER MODIFYING OPINION AND DENYING REHEARING; NO CHANGE IN JUDGMENT |
THE COURT:
It is ordered that the opinion filed in this case on January 10, 2007, be modified in the following particulars:
On page 6, lines 11 and 12, replace the last sentence of part I with the following:
Pointing the loaded gun at Delozier while inside a car in which two children and Quintanilla also were passengers is sufficient to establish that defendant committed an act that by its very nature would probably and directly result in injury to anyone in the car. Indeed, when Quintanilla recognized the gravity of the threat and reached for the gun, she was shot and injured. As we have noted, defendant need not have intended to commit violence against a particular person (People v. Lee, supra, 28 Cal.App.4th at p. 1736); â€
