McDaniel

Filed 10/20/

IN THE SUPREME COURT OF

CALIFORNIA

THE PEOPLE,

Plaintiff and Respondent, v.

DON’TE LAMONT MCDANIEL,

Defendant and Appellant.

S171393

Los Angeles County Superior Court

TA074274-

ORDER MODIFYING OPINION AND

DENYING PETITION FOR REHEARING

THE COURT:

The majority opinion in this matter, filed on August 26, 2021, and appearing at 12 Cal.5th 97, is modified as follows:

1. The second paragraph on page 120, beginning “The prosecutor explained that,” is deleted in its entirety and replaced with the following paragraph: The prosecutor noted that Prospective Juror No. 46 believed that life without parole and the death penalty “are essentially the same because life in prison is not a life.” The prosecutor also explained that the prospective juror did not believe the death penalty was a deterrent,

1 “which is not an attitude that I considered to be a fair attitude.” He was also concerned that Prospective Juror No. 46 listened to a “very liberal political radio station where they frequently have specials and guest speakers and interviews that are anti-death penalty advocates.”

2. The second sentence of the second full paragraph on page 124, beginning “Comparing…