Opinion
NOT TO BE PUBLISHED
Super. Ct. No. SCD199691
ORDER MODIFYING OPINION
THE COURT
McCONNELL, P. J.
It is ordered that the opinion filed herein on February 28, 2008, be modified as follows:
1. On page 10, footnote 4, the words "-- controlling" through the end of the footnote are deleted so that footnote 4 reads:
The Attorney General asserts that because defense counsel elicited Hernandez's prior conviction, the challenge is "technically" barred by the doctrine of invited error. While we recognize that this is the rule in the federal courts, see Ohler v. United States (2000) 529 U.S. 753, we are bound by the contrary pronouncement of our Supreme Court on this precise question (see People v. Turner (1990) 50 Cal.3d 668, 704, fn. 18).
There is no change in the judgment.