Soto

Filed 7/19/16 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H041615

(Monterey County Plaintiff and Respondent, Super. Ct. No. SSC120180A)

v.

ORDER MODIFYING OPINION

JUAQUIN GARCIA SOTO, AND DENYING REHEARING

Defendant and Appellant.

NO CHANGE IN THE JUDGMENT

THE COURT:

It is ordered that the opinion filed herein on June 30, 2016, be modified as follows: 1. The text of Footnote 8 on page 19 is replaced with the following text:

In a petition for rehearing, the Attorney General belatedly argues that the instruction should not have been given because defendant’s belief in the need for self-defense was purely delusional. (See Elmore, supra, 59 Cal.4th at p. 960.) The record, however, contains substantial evidence from which reasonable jurors could have found that defendant’s belief in the need for self-defense was not entirely delusional. For example, defendant’s expert testified that sleep deprivation caused by methamphetamine use negatively affects users’ ability to process information, form…