Opinion
2d Crim. No. B222453
03-28-2012
THE PEOPLE, Plaintiff and Respondent, v. JESSE JAMES HOLLYWOOD, Defendant and Appellant.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super. Ct. No. 1014465)
(Santa Barbara County)
ORDER MODIFYING OPINION AND
DENYING REHEARING.
(No Change in Judgment)
THE COURT:
It is ordered that the opinion filed herein on February 27, 2012, be modified as follows:
At the end of the first full paragraph on page 16, after the words "in the death" add as footnote 4 the following:
In his petition for rehearing, appellant contends, "CALCRIM 540B was not intended to apply to a case such as this, where the killer [Hoyt] is not an accomplice in the commission of the underlying felony." But the jury impliedly found that Hoyt was an accomplice in the underlying felony: a kidnapping that began when appellant abducted Nick in West Hills and continued until Hoyt killed him at Lizard's Mouth. Ample evidence supports the jury's finding. It is reasonable to infer that, at appellant's request, Hoyt killed Nick and buried his body in an attempt to cover up the kidnapping.
There is no Change in the judgment.
Appellant's petition for rehearing is denied.
NOT FOR PUBLICATION