People v. Nelson CA2/1

Filed 2/28/25 P. v. Nelson CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B334415 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. KA019560)

ORDER MODIFYING v. OPINION AND DENYING PETITION FOR REHEARING SERGIO DUJUAN NELSON, (NO CHANGE IN JUDGMENT)

Defendant and Appellant.

The opinion in the above-entitled matter filed on January 31, 2025 is modified as follows:

1. On page 3, the entire paragraph that begins: “In 2016, the California Supreme Court held that the evidence . . . ” is deleted and replaced with the following paragraph: In 2016, the California Supreme Court held that the evidence was insufficient to support the lying in wait special circumstance finding and reversed the death sentence based

on the “unique and egregious” “manner in which the trial court invaded the deliberative process.” (Nelson I, supra, 1 Cal.5th at pp. 549–550, 560.)

2. The citation to In re Williams (2020) 57 Cal.App.5th 427, 436 is deleted from the list of cases cited on page 6.

This modification does not constitute a change in the judgment. Appellant’s petition for rehearing filed February 13, 2025 is denied.

____________________________________________________________ ROTHSCHILD, P. J. BENDIX, J. WEINGART, J.

2

Filed 1/31/25 P. v. Nelson CA2/1 (unmodified opinion) NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.