Modification: People v. Wilson

THE PEOPLE,

Plaintiff and Respondent,

v.

GREGORY MICHAEL WILSON,

Defendant and Appellant.

No. C083772

(Super. Ct. No. 14CR22366 )

California Courts of Appeal

Third Appellate District

Filed August 27, 2021

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING

[NO CHANGE IN JUDGMENT]

CERTIFIED FOR PARTIAL PUBLICATION^*

APPEAL from a judgment of the Superior Court of Amador County, Susan C. Harlan, Judge. Affirmed as modified.

Hassan Gorguinpour and Deanna Lamb, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris and Xavier Becerra, Attorneys General, Gerald A. Engler and Lance E. Winters, Chief Assistant Attorneys General, Michael P. Farrell, Senior Assistant Attorney General, Carlos A. Martinez Supervising Deputy Attorney General, Caely E. Fallini, Deputy Attorney General, for Plaintiff and Respondent.

THE COURT:

It is ordered that the partially published opinion filed on August 11, 2021 be modified as follows:

1. On page 14, delete the second full paragraph that begins with, "Second, assuming arguendo that the common law definition . . . ."

2. On pages 14-15, delete the paragraph that begins with "At oral argument, counsel for defendant argued...."

3. On page 15, in the first full paragraph that begins with "Third", replace it with the word, "Second."

4. On page 15, in the second full paragraph that begins "With no evidence...," replace that first sentence with:

With no substantial evidence that defendant reasonably believed deadly force was necessary to defend against a robbery or burglary involving the theft of the keys, there was no cause to give such an instruction.

This modification does not change the judgment. Appellant's petition for rehearing is denied.

FOR THE COURT:

ROBIE, Acting P. J.

MURRAY, J.

HOCH, J.

^* Pursuant to California Rules of Court, rules 8.1105 and 8.1110, this opinion is certified for publication with the exception of Parts I, III, IV, V, VI, VII.