Opinion
No. C072053.
10-03-2016
THE PEOPLE, Plaintiff and Respondent, v. ADAM CORNEJO et al., Defendants and Appellants.
[Modification of opinion (3 Cal.App.5th 166, ___ Cal.Rptr.3d ___), upon denial of rehearing.]
THE COURT. — IT IS ORDERED that the opinion filed on September 7, 2016, is modified as follows and the petition for rehearing is DENIED:
1. On page 1, the first sentence of the first paragraph [3 Cal.App.5th 173, advance report, 1st par., lines 1-3 of opn.] is deleted and replaced with two sentences that now read:In 2007, Bradley Blackwell, then 17 years old, committed a burglary and attempted robbery with an accomplice. Uriel Carreno was shot and killed in the course of those offenses.2. On page 21, footnote 10 [3 Cal.App.5th 190, advance report, fn. 10] is modified so that it now reads:By accepting Blackwell's analogy to the death penalty, we do not mean to suggest that death is not "`qualitatively different from all other punishments.'" (People v. Jones (2012) 54 Cal.4th 1, 81 [140 Cal.Rptr.3d 383, 275 P.3d 496].) We reject Blackwell's unsupported attempt to import wholesale the high court's adult death penalty jurisprudence. There is no authority to support Blackwell's additional assertion that the holding of Godfrey v. Georgia (1980) 446 U.S. 420 [64 L.Ed.2d 398, 100 S.Ct. 1759] "must apply in juvenile life without parole cases." In any event, the California Supreme Court "has consistently rejected the claim that the statutory special circumstances, including the felony-murder special circumstance, do not adequately narrow the class of persons subject to the death penalty." (People v. Pollock (2004) 32 Cal.4th 1153, 1195 [13 Cal.Rptr.3d 34, 89 P.3d 353].)
The modification effects no change in the judgment.