People v. Smith CA2/5

Filed 9/27/22 P. v. Smith CA2/

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B311459

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. A634331) v.

ORDER MODIFYING OPINION

FREDERICK A. SMITH, AND DENYING PETITION

FOR REHEARING

Defendant and Appellant. [There is no change in judgment]

BY THE COURT:

It is ordered that the opinion filed herein on September 2, 2022, is modified as follows:

1. On page 2, second paragraph, line 8, after the word “and” add “/or” so it now reads “and/or”.

2. On page 5, second paragraph, lines 1 and 5, delete “The prosecutor” and replace with “Defense counsel”.

3. On page 11, last paragraph, line 7, after the word “spent” insert the word “almost” so it reads, “spent almost”.

4. On page 14, first full paragraph, after the complete citation to People v. Blackburn, after the closed parentheses, add as footnote 4 the following footnote, which will require renumbering of all the subsequent footnotes: 4 We find no ambiguity in the statute, thus dispensing

with one of appellant’s contentions on…