Modification: People v. Odell

PEOPLE,

Plaintiff and Respondent,

v.

JERAMY LEE ODELL,

Defendant and Appellant.

No. B319448

Los Angeles County Super. Ct. No. NA114654

California Court of Appeal

Second Appellate District

Division Eight

Filed June 13, 2023

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING

[NO CHANGE IN JUDGMENT]

THE COURT:

IT IS ORDERED the opinion in the above-entitled matter filed on June 5, 2023, be modified in the following four ways:

1. On page 16, in the second full paragraph, the third sentence, "Provocation is a theory about an intentional killing," shall be omitted.

2. On page 16, in the second full paragraph, the fourth sentence, "That theory would be that Odell intended to kill Johnson when passion overwhelmed Odell's reason," shall be replaced with the following sentence:

That theory would be that Odell killed Johnson when passion overwhelmed Odell's reason.

3. On page 16, in the second full paragraph, the last sentence, "The shooting was a mistake, according to defense counsel, and not an intentional and passionate act," shall be replaced with the following sentence:

The shooting was a mistake, according to defense counsel, and not the result of passion.

4. On page 16, in the last paragraph, the first sentence, "Odell's defense of an unintentional killing was Odell's best trial theory," shall be replaced with the following sentence:

Odell's defense of an accidental killing was Odell's best trial theory.

The petition for rehearing filed by Appellant Jeramy Lee Odell is denied.

There is no change in the judgment.

STRATTON, P. J. WILEY, J. VIRAMONTES, J.