Farfan

Filed 11/23/21 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B309786

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA136699) v.

ORDER MODIFYING

EDGAR ALEJANDRO FARFAN, OPINION AND DENYING

REHEARING

Defendant and Appellant. [NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on November 19, 2021, be modified as follows: 1. On page 3, after the second full paragraph, the opinion is modified to add the following four paragraphs: We also find no merit to appellant’s claim that he has a constitutional right to a new jury determination that he was a major participant who acted with reckless indifference to human life under Banks and Clark before his section 1170.95 petition may be denied. A jury has already made that determination. When appellant’s jury found the felony-murder special circumstance true, it necessarily found beyond a reasonable doubt that appellant either acted with intent to kill or was a major participant in the…