Briscoe

Filed 10/25/24 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE,

Plaintiff and Respondent, A167964

v. (Solano County Super. Ct. KHYLE ARMANDO BRISCOE, No. FC46114) Defendant and Appellant.

ORDER MODIFYING OPINON

AND DENYING REHEARING;

NO CHANGE IN JUDGMENT

BY THE COURT:

It is ordered the opinion filed herein on September 25, 2024, be modified as follows:

1. Starting on page 8, the second sentence of the second paragraph is replaced, as follows:

The two provisions employ the same standard of liability, “as the former provision expressly incorporates the latter.”

2. On page 13, the second sentence of the first paragraph is replaced, as follows:

Section 190.2, subdivision (d) describes the exact same circumstances and conduct that is now necessary to support a conviction for first degree felony murder under section 189, subdivision (e)(3).

1 3. On page 13, footnote 7 is deleted.

4. The two following paragraphs are added under section III.B., “Equal Protection Analysis,” before the…