Jones

Filed 10/2/13 (unmodified opn. attached)

IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE, )

) Plaintiff and Respondent, ) ) S042346 v. ) )

BRYAN MAURICE JONES, )

) San Diego County Defendant and Appellant. ) Super. Ct. No. CR 136371 ____________________________________)

ORDER MODIFYING OPINION AND

DENYING PETITION FOR REHEARING

THE COURT:

The opinion herein, filed August 26, 2013, and appearing at 57 Cal.4th 899, is modified as follows: 1. On page 942 of 57 Cal.4th, the following paragraph is deleted: ―As previously noted, we agree with respondent that a challenge to the Kelly third prong goes to the weight, not the admissibility, of the evidence. (People v. Brown, supra, 91 Cal.App.4th at p. 647.) We thus reject at the outset any suggestion the trial court erred by admitting the evidence.‖ 2. Also on page 942, the first sentence following the deleted paragraph is deleted. The deleted sentence reads: ―We also reject the argument that Dr. Blake‘s rebuttal evidence failed to satisfy Kelly‘s third prong.‖ Substitute this new sentence reading: ―We…