Warner

Filed 11/12/25 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, A171126

Plaintiff and Respondent, (Napa County v. Super. Ct. No. CR169461)

RYAN SCOTT WARNER, ORDER MODIFYING OPINION

AND DENYING REHEARING

Defendant and Appellant. [NO CHANGE IN JUDGMENT]

BY THE COURT:

It is ordered that the opinion filed herein on October 21, 2025, be modified as follows: On page 15 in the first full paragraph beginning with “In any event,” in the seventh line, “We disagree. Our” is deleted and replaced with “But our” and, in the following line, “recognized” is deleted and replaced with “explained,” so that the paragraph now reads in relevant part, “. . . without finding malice. But our high court has explained that first degree murder by torture . . . .” On page 15, the last sentence on the page beginning with “Thus, the jury finding that Warner had the mental state required . . . .” is deleted and replaced with the following: Here, the jury was instructed it could find Warner…