Aguilar

Filed 1/29/26 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083172

Plaintiff and Respondent, (Super. Ct. No. SCD283329)

v. ORDER MODIFYING OPINION

AND DENYING REHEARING

ENRIQUE AGUILAR,

NO CHANGE IN JUDGMENT

Defendant and Appellant.

THE COURT:

It is ordered that the opinion filed January 2, 2026 be modified as follows: 1. On page 9, after the first sentence of the first full paragraph ending “absolved of that presumption” and citation, insert the following sentence and citation: Specifically with respect to certain types of alleged juror behavior listed in section 231.7, subdivision (g) that “have historically been associated with improper discrimination in jury selection,” the presumption can be rebutted “if the trial court is able to confirm that the asserted behavior occurred.” (Barnes, at p. 578.) After the sentence that ends “that the asserted behavior occurred” noted above, add new footnote 7 with the following language, which will require renumbering of all subsequent footnotes:…