Munoz

Filed 7/10/25 (unmodified opn. attached)

CERTIFIED FOR PARTIAL PUBLICATION*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, A168292

Plaintiff and Respondent, (Alameda County v. Super. Ct. No. 17CR023663B)

MATTHEW JESSE MUNOZ,

ORDER MODIFYING

Defendant and Appellant. OPINION AND

DENYING

REHEARING

[NO CHANGE IN

JUDGMENT]

BY THE COURT:1

It is ordered that the opinion filed herein on June 24, 2025, and certified for partial publication, be modified as follows: 1. The last paragraph commencing at the bottom of page 18 with “In his reply” and ending at the top of page 19 with “establish error” is deleted and replaced with the following paragraph: In his reply brief, Munoz argues that his silence at the formation of the conspiracy to kill Baby D was enough to support a conclusion that he

* Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for

publication with the exception of part 1 Before Jackson, P.J., Simons, J., Chou, J.

1 participated in…