Modification: People v. Love

THE PEOPLE,

Plaintiff and Respondent,

v.

DAVAUGHN LOVE,

Defendant and Appellant.

No. B302892

(Los Angeles County

Super. Ct. No. TA138408)

California Courts of Appeal

Second Appellate District

Division Two

Filed October 15, 2020

ORDER MODIFYING

OPINION AND DENYING REHEARING

NO CHANGE IN

JUDGMENT

THE COURT:

It is ordered that the opinion filed herein on October 1, 2020, be modified as follows:

1. On page 5, the first full paragraph at the top of the page beginning with "The trial court instructed the jury" is modified to add "attempted" in front of "murder" in points (2) and (3) as follows:

The trial court instructed the jury that defendant could be held liable for attempted murder (1) if he aided and abetted Vaughn in committing the attempted murder, (2) if he aided and abetted Vaughn in committing an "assault" and attempted murder was a natural and probable consequence of that assault, or (3) if he and Vaughn conspired to commit an assault and attempted murder was a foreseeable consequence of that conspiracy.

There is no change in the judgment.

Appellant's petition for rehearing is denied.

ASHMANN-GERST, Acting P.J., CHAVEZ, J., HOFFSTADT, J.