People v. Smothers

• Decision Date: 09 August 2021
• Docket Number: A156081.
• Citation: 67 Cal.App.5th 262
• Parties: THE PEOPLE, Plaintiff and Respondent, v. SHERILL LYNN SMOTHERS, Defendant and Appellant.
• Court: California Court of Appeals Court of Appeals

67 Cal.App.5th 262

THE PEOPLE, Plaintiff and Respondent,

v.SHERILL LYNN SMOTHERS, Defendant and Appellant.

No. A156081.

Court of Appeals of California, First District, Division Three.

August 9, 2021.

[Modification of opinion (66 Cal.App.5th 829; ___ Cal.Rptr.3d ___), upon denial of rehearing.]

THE COURT.—IT IS ORDERED the opinion filed herein on July 20, 2021, be modified as follows:

At page 53, [66 Cal.App.5th 869, advance report, first full para.] in the first full paragraph beginning "Accordingly, we are compelled," the following sentences are inserted following the parenthetical citation: "We further remand the case for retrial at the option of the People. Our opinion does not foreclose retrial of the Penal Code section 187, subdivision (a) murder charge on a conspiracy theory of liability."

The petition for rehearing filed on August 4, 2021 is denied. There is no change in the judgment.