People v. Smith CA4/2

Filed 7/26/24 P. v. Smith CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E079476

v. (Super.Ct.No. RIF136041)

NIIKO DAVON SMITH, ORDER MODIFYING OPINION

AND DENYING REHEARING

Defendant and Appellant.

NO CHANGE IN JUDGMENT

THE COURT:

It is ordered that the opinion filed herein on July 8, 2024, be modified as follows:

On page 16, in the second paragraph, we delete the second sentence, which reads:

“The jury verdicts themselves reveal the prosecutor’s argument had no effect, insofar as the jury found defendant guilty of deliberate and premediated attempted murder, a finding that the jury…