People v. McDaniel

Filed 10/20/21
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
TA074274-01
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,
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“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 the final composition,” is
modified to add “, while not in itself decisive,” after “pool” so
that the sentence now reads:
Comparing the final composition of the jury to
the overall pool, while not in itself decisive,
reveals that Black jurors were overrepresented
on the jury, even factoring in the disallowed
strike of Prospective Juror No. 46.
This modification does not affect the judgment.
The petition for rehearing is denied. Defendant’s request
for modification of the opinion is denied.
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